A. Generally. The general manager, upon finding a violation by any person, may employ any of the remedies set forth in this chapter or pursue any other remedies available at law or equity.
B. Written Notice. Any person found to be violating any provision of this chapter will be notified as provided for in CVWDC 4.05.310(A) excepting when immediate discontinuance of service is required as provided for in CVWDC 4.05.310.
C. Corrective Action. Any person notified by the district of any violation of this chapter must immediately take whatever corrective action may be necessary to meet the district’s specifications. Corrective actions may include, but are not limited to, the following:
1. Quarterly Site Survey to Be Conducted. Violations will be noted on the survey. The site survey will be provided with the expectation of correction within 30 days upon receipt of site survey.
2. Follow-up verbal notification from the district representative of the same violation 30 days after the survey has been provided with the expectation of correction of violation within 30 days or a fine will be implemented.
3. Written notification from the district representative 30 days after the verbal notification from the district’s representative of the same violation. Written notification to include the fine schedule. Correction of violation is expected prior to receipt of next monthly invoice.
4. Issuance of fine to be included on monthly invoice the month following the date on the written notification.
D. Notice of Violation.
1. Upon finding a violation, the general manager may issue a notice of violation. Within 10 working days after the delivery of this notice, the person shall respond, in writing, to the district with either an objection contesting the finding, or an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required action. Said response in no way relieves the person of liability for any violations occurring before or after the receipt of the notice of violation.
2. If the person submits an objection as described in subsection (D)(1) of this section, the district shall determine the validity of the objection, either rescinding the notice of violation or denying the objection, thereby requiring submission of the plan. The person may appeal the determination to the district’s general manager as set forth in CVWDC 3.35.200.
E. Administrative Order. Administrative orders include, but are not limited to, consent orders, show cause orders, cease and desist orders, and compliance orders.
1. Consent Order. The general manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document.
2. Show Cause Order.
a. The general manager may order any person who has been given a notice of violation and has failed to submit an acceptable plan of corrective action or which, having submitted such a plan, fails to follow through with execution of the plan, to appear at a hearing scheduled by the general manager to show cause why the enforcement action proposed in the show cause order should not be taken.
b. The show cause order shall specify the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the person show why the proposed enforcement action should not be taken. The show cause order shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. The show cause order may be served on any authorized representative of the person. A show cause order shall not be a bar against, or prerequisite for, taking any other action.
c. At the conclusion of the show cause hearing, the general manager may: rescind previous enforcement action; issue an appropriate administrative order (consent order, compliance order, or cease and desist order), including assessment of fines; initiate permit revocation proceedings or termination of sewer services; or refer the matter for legal action (civil or criminal).
3. Cease and Desist Order. The general manager may issue a cease and desist order (CDO) to any person who violates the provisions of this chapter. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action.
a. The cease and desist order shall direct the person to cease and desist all such violations and direct the person to take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating such action.
b. In the case of a customer, the CDO may result in revocation of the customer’s recycled water use permit and shall require the customer to take such appropriate remedial or preventive action as determined by the general manager to gain immediate compliance.
c. The CDO shall name the provision violated and the facts constituting the violation. The CDO shall be hand delivered or delivered certified mail with a written receipt of delivery.
4. Compliance Order.
a. The general manager may issue a compliance order directing any person responsible for a violation of this chapter to come into compliance within a specified time. The compliance order may require treatment or control facilities, devices, or other related appurtenances be installed and properly operated.
b. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to ensure compliance with this chapter. A compliance order does not relieve the person of liability for any violation, including any continuing violation.
F. Emergency Suspension of a Permit.
1. The general manager may immediately suspend a recycled water use permit whenever such action is necessary to stop an actual or threatened unauthorized discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of individuals or the environment.
2. Upon receipt of the emergency suspension order, the customer shall submit a detailed written statement, describing the causes of the harmful action and the measures taken to prevent any future occurrence.
3. The general manager will review the customer’s statement before deciding to withdraw the suspension order or to implement enforcement remedies including administrative orders and administrative fines.
4. Nothing in this chapter shall be interpreted as requiring a hearing prior to any emergency suspension.
G. Termination of Service.
2. Termination of service is not a bar to, or a prerequisite for, taking any other action against the customer.
H. Fines. Any person found to be violating any provision of these regulations may be subject to fines in the following amounts:
1. Five hundred dollars per violation per day.
2. One thousand dollars upon second occurrence of the same violation per violation per day.
3. Five thousand dollars upon each additional occurrence of the same violation per violation per day.
4. Any monetary penalty indicated in any order or agreement issued pursuant to this chapter, including but not limited to a conservation charge for failure to meet nonpotable water use requirements in a nonpotable water agreement.
I. Judicial Remedies.
1. The district may pursue any available civil and criminal remedies for violations of this chapter. Such remedies may include, but are not limited to, injunctive relief, civil penalties, and criminal prosecution.
2. Cal. Water Code §§ 31105 and 31106 provide that the violation of an ordinance, rule or regulation of a county water district by any person is a misdemeanor punishable by a fine not to exceed $1,000, imprisonment not to exceed one year, or both. Each incident in violation of these regulations shall be deemed a separate violation and each day or part of a day a violation of these regulations continues shall be deemed as a separate offense hereunder and shall be punishable as such.