Title 13 Public Utilities and Services
Chapter 13.03A Pretreatment
Article IX. Administrati ve Enforcement Remedies
Section 13.03A.0901 Administr
ati ve Enforcement Process [9.1]
Not by way of limitati on of other enforcement remedies:
Enforcement Function; Administrati ve Standards.
The Plant Manager enforces this chapter. The administrati ve standards for the exercise of administrati ve authority are stated in SMC 13.03A.0102(B) .
Notice of Violati on.
When the Plant Manager finds a violati on or violati ons of any provisions of this chapter, a discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Plant Manager may send a notice of violati on to a user identified as responsible by first class mail and certified letter, return receipt requested. Within thirty days of the receipt of this notice, an explanati on of the violati on and a plan for the sati sfactory correction and prevention, to include specific required actions, shall be submitted by the user to the Plant Manager. Submission of this plan in no way relieves the user of liability for any violati ons occurring before or after receipt of the notice of violati on. Nothing in this section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violati on. Alternati vely, the matter may be referred to the City prosecutor for further enforcement action.
Response.
Where there is a response to a notice and undertaking to correct a violati on, if a respondent thereafter fails to abide by correction arrangements, the failure is considered an invalid response to the notice of violati on.
Remediati on.
After thirty days, or such other time as specified by the Plant Manager, the City may proceed to remedy the violati on at the user’s sole expense and liability. Costs of remediati on are billed to the user. After sixty days past due, the matter is referred for legal collection action. All sums billed accrue interest at twelve percent per annum on any unpaid balance. Remediati on costs include all City out of pocket costs paid to third parties for labor or materials as well as any staff time or materials contributed by the City, and administrati ve penalties, if applicable. The Plant Manager shall maintain a file documenting these costs and quarterly issue billings to a respondent therefore. Nothing in this section limits the authority of the Plant Manager to take any other action, including emergency actions or any other enforcement action, without first issuing a notice of violati on.
NOTE: Bracketed enumerati ons reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.
Date Passed: Monday, November 9, 2020
Effective Date: Wednesday, December 16, 2020
ORD C35961 Section 58