Sec. 19-6-5. Administrative civil liability.

(a) In General. Pursuant to the provisions of Government Code Section 54740.5 and regardless of whether or not a cease and desist order or a notice of violation has previously been issued, upon determining that any industrial user is violating the terms of a wastewater discharge permit, any federal or state regulation or law relative to the discharge of industrial wastewater or pretreatment, or any of the provisions of this chapter relative to the discharge of industrial wastewater or pretreatment, the director may serve an administrative civil liability complaint upon such industrial user by personal service or by certified mail, U.S. postage prepaid, at the address indicated on the permit or at the service address if no permit exists. The administrative complaint shall indicate the nature of the violations found by the director, the provisions of law authorizing civil liability to be imposed, and the amount of the proposed civil penalty.
(b) Hearing. The administrative complaint shall inform the industrial user served that a hearing will be conducted within sixty calendar days after service before a hearing officer designated by the city council. The industrial user who has been issued an administrative complaint may waive the right to a hearing, in which case the city shall not conduct a hearing, and the proposed civil penalty shall be paid. If, after a hearing it is found that the industrial user has violated any reporting or discharge requirements, the hearing officer may assess a civil penalty against that industrial user. In determining the amount of the civil penalty, the hearing officer may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the industrial user.
(c) Appeal. Any aggrieved person may appeal the decision of the hearing officer to the city council by filing a written appeal with the city clerk within thirty days of the hearing officer's decision. The appeal shall be held within thirty days of its filing, and upon hearing the appeal, the city council may take into consideration the same factors as the hearing officer in determining the amount of the civil penalty.
(d) Service of Orders. Copies of orders imposing administrative civil penalties after either hearing or appeal shall 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 or appeal and requested a copy.
(e) Amount of Civil Penalty. Civil penalties may be imposed as follows:
(1) In an amount not to exceed two thousand dollars for each day for failure or refusal to furnish technical or monitoring reports.
(2) In an amount not to exceed three thousand dollars for each day for failure or refusal to timely comply with any compliance schedule established in a cease and desist order.
(3) In an amount not to exceed five thousand dollars for each day for discharges in violation of any waste discharge limitation, permit condition, pretreatment standard, or pretreatment requirement issued or adopted by the city relating to industrial wastewater or pretreatment.
(4) In an amount not to exceed ten dollars per gallon for discharges in violation of any suspension or termination of service, cease and desist order (other than the compliance schedules thereof), or other orders or prohibitions issued or adopted by the city.
(f) Payment of Civil Penalty--Lien on Real Property. Unless appealed, orders setting administrative civil penalties shall become effective and final upon their issuance, and payment shall be made within thirty calendar days. Any civil penalties which have remained delinquent for a period of sixty calendar days (i.e., have not been paid for ninety days after becoming final) shall constitute a lien against the real property from which the discharge originated which resulted in the imposition of the civil penalty. The lien shall be of no force or effect until recorded with the county recorder, and when recorded shall have the force, effect and priority of a judgment lien and continue for ten years from recordation unless sooner released. The lien shall be renewable in accordance with the provisions of Sections 683.110 to 683.220 inclusive of the Code of Civil Procedure.
(g) Judicial Confirmation. The city attorney is authorized, at his or her option, to petition the superior court to confirm any order establishing civil penalties pursuant to the provisions of Government Code Section 54740.5(g).
(h) Deposit of Penalties. All moneys collected pursuant to this section shall be deposited in a special account as designated by the finance director, and shall be utilized for the monitoring, treatment, and control of discharges into the WPCF or other mitigation measures relating to industrial pretreatment.
Notwithstanding any other provision of this article to the contrary, no civil penalties shall be recoverable under this section for any violation for which civil liability is recovered pursuant to Section 19-6-6. (Ord. No. 1271, § 1 (part).)