(A) The General Manager may employ any of the following enforcement procedures in order to return a user to compliance with a reclamation agreement, this chapter or any federal, state, or local regulation.
(B) Authorized representatives of the city, the RWQCB, or CDPH shall have the right to enter use area during reasonable hours, for any of the following reasons:
(1) Monitoring and inspecting of onsite recycled water systems to ascertain compliance with this chapter and other regulatory requirements.
(2) Installing, maintaining, repairing, and/or collecting measurements from city-owned facilities serving the use area.
(C) The General Manager shall investigate all reports of noncompliance with any provision of this chapter and/or the reclamation agreement to determine the validity of the complaint and seriousness of the violation if any.
(D) The General Manager will issue a “notice of default” to the user for any violation of the reclamation agreement. As long as an emergency is not occurring, as determined by the General Manager, the user will receive a written notice of default describing:
(1) The nature of the violation.
(2) Requirements for submittal of a corrective action plan.
(3) Setting a reasonable time limit for the satisfactory mitigation of the violation.
(4) A date for follow-up inspection.
(E) The user will have 15 calendar days to respond to the General Manager with a “default response.” If the user disputes the violation in the default response, the General Manager and user will meet and attempt to resolve the issue. If the dispute is not resolved, the General Manager or user may pursue all other remedies provided by law and the reclamation agreement.
(F) For breaches of the reclamation agreement that support a temporary restraining order and preliminary injunction, the General Manager may make take such action without first issuing a notice of default.
(G) The General Manager may terminate service to a user who uses recycled water or manages the onsite recycled water system in violation of this chapter or in violation of any regulatory agency rules and regulations. The General Manager reserves the right to suspend the recycled water service immediately and without notice if the serious nature of the violation requires immediate action.
(H) The RWQCB may initiate enforcement action against any user, including but not limited to the termination of the recycled water supply, who:
(1) Discharges recycled water in violation of any applicable discharge requirement prescribed by the RWQCB or in a manner, which creates or threatens to create conditions of pollution, contamination, or nuisance, as defined in Cal. Water Code § 13050.
(2) Uses, transports, or stores recycled water in violation of the rules and regulations governing the design, construction, and use of the recycled water distribution and disposal systems issued by the General Manager.
(Ord. 13-05, passed 10-1-2013)