13.06.100 Administrative enforcement.
A. Termination of Service. When deemed necessary for the preservation of public health or safety or for the protection of public or private property, the Director may notify any person or persons using the wastewater system in a manner or way to endanger the public health or safety, or public or private property, in writing, of intention to suspend sewer service. In case of emergency, the Director may act immediately to suspend sewer service without notice or warning to said person or persons. In suspending service, the Director may sever all pertinent connections to the public sewer.
If service is so suspended, the Director shall keep an account of the cost of suspension and remedy of the emergency situation, and bill the property owner and/or other person responsible therefor. The Director shall give the affected person(s) notice of and opportunity for hearing on the need for and the cost of emergency action as soon as practicable after taking such action.
B. Revocation of Permit. The Director may revoke any industrial wastewater discharge permit and terminate it if a violation of any provision of this title is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance. Such revocation shall be carried out pursuant to CVMC 13.06.110. This provision is cumulative of other statutes or rules authorizing termination of service for delinquency in payment and other civil, criminal or administrative enforcement actions provided for in this title.
C. Civil Penalties. Any person who violates any provision of this title or permit condition or who discharges wastewater which adversely affects the wastewater system or facilities, or who violates any cease and desist order or prohibition issued by the Director, or national pretreatment standard shall be liable civilly for a penalty not to exceed $1,000 for each day in which such violation occurs, not to exceed $100,000 in total. Imposition of such civil penalties shall be pursuant to the procedures set forth in CVMC 13.06.110.
D. Recalculation of Sewer Service Charges.
1. When the Director determines that the permittee is discharging a flow rate or a quantity of flow, chemical oxygen demand, suspended solids or other constituent in excess of that authorized by the permit or in excess of the quantities reported to the Director by the permittee, the Director shall recalculate the sewer service charge. The Director may further institute proceedings to revoke the permit, or upon application, may issue an amended permit.
2. The data obtained in samplings, or any other relevant information obtained by the Director or presented by the permittee, shall be used by the Director as the quantity parameters used to determined a correct sewer service charge. When the Director makes a determination pursuant to subsection (D)(1) of this section, in the absence of other evidence, the Director shall presume that the permittee/discharger was discharging at the determined parameter values over the preceding three years or since the Director’s previous verification of quantity parameters, whichever period is shorter.
The permittee shall be assessed for all delinquent sewer service charges together with penalty and interest. Before these charges shall be assessed, at least two additional 24-hour samples and flow measurements shall be obtained by the Director, with all costs of sampling and analyses to be paid by the permittee. Imposition of said delinquent charges, penalties and interest shall be pursuant to the procedures set forth in CVMC 13.06.110. (Ord. 2466 § 7, 1991).