§ 29-24. Penalties for violation.

(a)

Pursuant to Section 4766 of the Health and Safety Code, a violation of a regulation or ordinance of the district shall be a misdemeanor, punishable by fine not to exceed one thousand dollars, imprisonment not to exceed thirty days, or both. Each day of violation shall be a separate offense.

(b)

Any person responsible for violating any provision of this or any other ordinance of the district shall be held strictly responsible for any and all acts of agents or employees done under the provision of this or any other ordinance, rule, or regulations of the district.

(c)

Pursuant to Section 54739 of the Government Code, any violation of any industrial waste discharge or pretreatment requirement related to the district's collection system and treatment works may be subject to the imposition of civil liabilities pursuant to Section 54740 of the Government Code or administrative complaints and penalties pursuant to Section 54740.5 of the Government Code, including but is not limited to violating the following standards and requirements, as may be amended, superseded, or replaced from time to time: the discharge limits and appropriate protective facilities requirements for fats, oils, and grease in food service establishments pursuant to the district's Ordinance No. 4867 (adopted Sept. 17, 2013) and/or as set forth in this chapter; all other prohibited discharges or pretreatment requirements identified in this chapter; the State Water Resource Control Board's Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. 2006-0003 and district's associated Sewer System Management Plan; the Central Coast Region Regional Water Quality Control Board's Waste Discharge Requirements and Master Recycling Permit for the district, Order No. R3-2011-0217; and any other relevant or related discharge or pretreatment requirements set forth in federal, state, or local rules, regulations, or laws.

The district may issue an administrative complaint and impose civil penalties, as follows:

(1)

An administrative complaint will be served on the person subject to the discharge or pretreatment requirement either personally or by certified mail.

(2)

The administrative complaint will identify the following: (1) the act or failure to act that constitutes a violation of the local agency's requirements; (2) the provisions of law authorizing civil liability to be imposed; (3) the proposed civil penalty; (4) that a hearing will be conducted within sixty days of serving the complaint; and (5) that a right to a hearing may be waived.

(3)

Unless waived, a hearing will be conducted before the manager, serving as the hearing officer for the district, within sixty days of serving the complaint on the person. The person may appeal the manager's decision to the district's board within thirty days of the notice of the manager's decision.

(4)

At the hearing (or appeal), the manager (or board) may assess a civil penalty against the person based on all relevant circumstances including the following:

(i)

The economic benefit derived through non-compliance;

(ii)

The nature and persistence of the violation;

(iii)

The length of time over which the violation occurred; and

(iv)

Corrective action taken or attempted by the person

(5)

Civil penalties may be imposed by the district, as follows:

(i)

Not to exceed two thousand dollars for each day for failing or refusing to furnish technical or monitoring reports.

(ii)

Not to exceed three thousand dollars for each day for failing or refusing to timely comply with any compliance schedule established by the district.

(iii)

Not to exceed five thousand dollars per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the district.

(iv)

Not to exceed ten dollars per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the district.

(v)

The amount of any civil penalties imposed under this subsection which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

(vi)

Monies collected will be placed in a special account for monitoring, treatment, and control of discharges or other mitigation measures.

(6)

Unless appealed, an order setting administrative civil penalties will be effective and final upon issuance, and payment shall be made within thirty days thereof. Copies will be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.

(7)

The district may petition the superior court to confirm any order establishing civil penalties, and an aggrieved party may obtain review in superior court pursuant to Government Code Section 54740.6.

(d)

Pursuant to Section 53069.4 of the Government Code, any violation of any ordinance enacted by the district may be subject to an administrative fine or penalty. Any person found to be violating any provision of this or any other ordinance, rule or regulation of the district is subject to the procedures provided for in chapter 24A of the Santa Barbara County Code, as may be amended from time to time. Pursuant to Section 4766 of the Health and Safety Code, any violation of a regulation or ordinance of the district is a misdemeanor and may be subject to a fine up to one thousand dollars, imprisonment not exceeding thirty days, or both.

(e)

Continued habitation of any building or continued operation of any facility in violation of the provisions of this chapter or any other ordinance, rule or regulation of the district is hereby declared to be a public nuisance. The district may cause proceedings to be brought for injunctive relief and/or for the abatement of the occupancy of the building or facility during the period of such violation. In such event there is to be paid to the district reasonable attorney's fees and costs of suit arising in said action in an amount to be set by the court.

(f)

When necessary to correct an existing or imminent threat to public safety, the environment, or the district sewer facilities, including sewer blockages and sanitary sewer overflows, the district may enter upon the property and summarily abate, restore, and take those actions necessary to prevent further harm from the threat, including severing pertinent connections to the district sewer facilities, at the responsible party's expense.

(g)

Any person violating any of the provisions of the ordinances, rules or regulations of the district shall become liable to the district for any expense, loss or damage occasioned by the district by reason of such violation, including but not limited to all costs to clean and repair facilities and any liability in civil proceedings to the district for any expense, loss or damage to the district's sewer system, treatment facilities, or treatment process and for any fines imposed on the district under Section 13350 of the California Water Code or pursuant to Section 5650 of the California Fish and Game Code, as the result of a discharge in violation of this article.

(h)

In addition to the enforcement and collection provisions in chapter 24A, any moneys owed to the district pursuant to this section that are not paid in the time and manner prescribed by the district may be collected as delinquent charges. Pursuant to Section 5473.10 of the Health & Safety Code, the district may impose a ten percent basic penalty and a one and one-half percent per month penalty for nonpayment of said charges. If the amounts remain delinquent and unpaid for sixty days, the district may secure such delinquent charges by filing a certificate of lien in the office of the county recorder pursuant to Section 5473.11 of the Health & Safety Code or Section 54740.5(d)(5) of the Government Code, as applicable, and/or the district may elect to have said charges collected on the tax roll pursuant to Section 5473 et seq. of the Health & Safety Code.

(i)

The district's manager may revoke or suspend any permit and/or sever sewer or water service when it is determined that the customer:

(1)

Knowingly provides a false statement, representation, record, report, or other document to the district.

(2)

Refuses to provide records, reports, plans, or other documents required by the district.

(3)

Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method.

(4)

Fails to comply with the terms and conditions of permit suspension.

(5)

Discharges effluent to the district's sewer system while its permit is suspended.

(6)

Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring.

(7)

Does not make timely payment of all amounts owed to the district for user charges, permit fees, or any other fees imposed pursuant to this section.

(8)

Causes interference, sewer blockages, or sewer system overflows with the district collection, treatment, or disposal system.

(9)

Violates grease interceptor installation or maintenance requirements, any condition or limit of its discharge permit, or any other provision of the district's fats, oils and grease requirements.

(Ord. No. 2707, § 4; Ord. No. 5033, § 1, 2-13-2018)