6.10.070 Enforcement.
(1) Actions. In the event that a facility or customer is noncompliant with the sewer pretreatment requirements contained herein, the user shall be given written notice of the noncompliant condition and must take immediate steps to bring the FOG removal device into compliance. The user is responsible for all associated costs.
Failure on the part of any user to maintain continued compliance with any requirements set forth in these regulations may result in the initiation of enforcement actions. Such enforcement actions may include, but are not limited to, a warning letter, increased monthly sewer rates, and/or and administrative fines.
If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer backup and/or overflow and such overflow can be attributed in part or in whole to an accumulation of FOG in the sanitary sewer main line, the district may take appropriate enforcement actions against the generator or contributor of such FOG. These actions may include recovery of all costs associated with cleanup activities, fines, civil penalties, or a discontinuance of water service.
(2) Monthly Rates. In the event that a facility or customer is noncompliant with the sewer pretreatment requirements contained herein, the user may be subject to increased monthly sewer rates in accordance with Chapter 9.05 SLWSDC to mitigate the increased maintenance costs of the sewer system by the district.
(3) Fines. Fines for any violation of the requirements specified herein are set forth as below. Compliance issues resulting in fines must be addressed within 14 calendar days of notification or escalating additional fines may be assessed. The fines presented below may be increased if the violations are determined by the district to be deliberate. The district may, at its own discretion, issue a notice of correction or report of noncompliance, without an accompanying fine, for the first violation. The notice of correction specifies required compliance activities and schedules to bring the discharger into compliance.
(a) First Violation. A fine of $500.00 shall be given to the user with reference to the type of violation in accordance with the requirements specified herein. The fine shall be assessed to the user’s utility service account, and any user being notified of such violation shall pay such fine, which will be included in the user’s next regular billing for sewer service by the district.
(b) Second Violation. A fine of $1,500 shall be assessed to the user’s utility service account for a second violation, and any user being notified of such violation shall pay such fine, which will be included in the user’s next regular billing for sewer service by the district.
(c) Third Violation. A fine of $2,500 shall be assessed to the user’s utility service account for a third violation (and for each subsequent violation thereafter), and/or service may be suspended, and any user being notified of such violation shall pay such fine, which will be included in the user’s next regular billing for sewer service by the district.
(d) In addition to the above fines, the district will bill the user causing the violation for recovery of any costs (including all labor and materials) for investigation, sampling, cleanup and remediation associated with the violation.
The charges assessed will recover all costs incurred, and such costs may include, but not be limited to:
(i) Fines levied against the district or any allied municipality or district, such as King County, city of Everett or Alderwood Water and Wastewater District, by any regulatory agency as a result of the violation.
(ii) Costs of litigation and/or settlement of any third-party lawsuits brought against the district, King County, city of Everett or Alderwood Water and Wastewater District, as a result of the violation.
(iii) Costs of time and materials to remediate any environmental damage or other problems caused by the violation.
(e) Any fines imposed by the district against a user shall be due within 30 calendar days of the date of the district sewer service billing including such fine. If the fine is not paid within 30 calendar days, the fine shall then be delinquent, and the district shall enforce the collection of such fine in the manner provided by district policies or other applicable law.
(4) Appeals. In the event a user against whom a fine for violation of the requirements specified herein has been imposed contests the amount of such fine or related district enforcement action, such user may request a hearing before the board of commissioners or their designee. The user must file the appeal in writing with the district, giving the name of the property owner, address of the property where the alleged violation occurred, the total amount of the violation fine, and a statement by the user as to why the user feels the fine and/or enforcement action should not have been assessed and/or taken. Such appeal must be filed with the district within 14 calendar days after the receipt by the user of the district service billing which includes such fine, or notice of any enforcement action taken by the district, such as service disconnection, whichever event occurs first. The board of commissioners or their designee, upon such a hearing being requested by the customer, shall set a time, place, and date for such a hearing after at least seven calendar days’ written notice of such hearing has been provided to such user, and the board will hear such appeal. At the conclusion of such hearing, the board may confirm, correct, modify, or rescind such fine or enforcement action as the board in its discretion deems appropriate under the circumstances. Such appeal procedure must be followed by any user contesting such fine and/or enforcement action; and a hearing must be held and a determination made by the board prior to such user taking or filing any judicial action regarding any fine or enforcement action. [Res. 830 § 1 (Exh. 1), 2022.]