(A) Pursuant to the authority of Cal. Gov’t Code, §§ 54739 to 54740.6, the District or District staff may issue administrative complaints, conduct administrative hearings and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the District’s requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the District’s collection system or treatment works.
(B) These penalties shall be as follows (see Appendix B):
(1) In an amount which shall not exceed $75 for an initial failure to adhere to a schedule to attain compliance set forth in a notice of violation (NOV);
(2) In an amount which shall not exceed $150 for a second failure within a 12-sequential month period to adhere to a schedule to attain compliance set forth in the NOV and failing or refusing to timely comply with any compliance schedule established by the District;
(3) In an amount which shall not exceed $500 for a third failure within a 12-sequential month period to adhere to a schedule to attain compliance set forth in the same NOV; and
(4) In an amount which shall not exceed $500 per violation for receipt of a subsequent NOV for a repeat violation of the same provision of this chapter within 12 months of the issuance of an administrative citation for failure to adhere to the compliance schedule in the prior NOV.
(C) A penalty for delinquent accounts shall be charged. If the violation fee has not been paid by the thirty-first day after the NOV, a penalty of 1.5% of the base invoice amount will be applied, not to exceed a maximum of $1,000. If the violation fee has not been paid by the sixtieth day after the NOV, an additional penalty of 10% of the base invoice amount shall be applied, not to exceed $4,000.
(D) Any invoice outstanding and unpaid for 90 days after the NOV shall be cause for immediate initiation for permit revocation.
(E) As to court actions authorized by divisions (A) through (D) above, District Counsel, or other special counsel designated by the Board, shall institute appropriate actions to affect statutorily authorized remedies, upon order of the Board.
(Ord. 2022-02, passed 3-31-2022)