Title 13 Public Utilities and Services
Chapter 13.03A Pretreatment
Article IX. Administrative Enforcement Remedies
Section 13.03A.0901 Administrative Enforcement Process [9.1]
Not by way of limitation of other enforcement remedies:
- Enforcement Function; Administrative Standards.
The Plant Manager enforces this chapter. The administrative standards for the exercise of administrative authority are stated in SMC 13.03A.0102(B).
- Notice of Violation.
When the Plant Manager finds a violation or violations 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 violation 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 explanation of the violation and a plan for the satisfactory 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 violations occurring before or after receipt of the notice of violation. 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 violation. Alternatively, 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 violation, if a respondent thereafter fails to abide by correction arrangements, the failure is considered an invalid response to the notice of violation.
- Remediation.
After thirty days, or such other time as specified by the Plant Manager, the City may proceed to remedy the violation at the user’s sole expense and liability. Costs of remediation 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. Remediation 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 administrative 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 violation.
NOTE: Bracketed enumerations 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
