§ 52.224 RANGE OF ENFORCEMENT RESPONSE GUIDE.

   (A)   

SAMPLING, MONITORING AND REPORTING
	Noncompliance	Circumstances	Range of Response
1.	Failure to sample, monitor or report	Isolated or infrequent	Notify with phone call. May require report within 10 days
2.	Failure to sample, monitor, report or notify	IU does not follow through with verbal action	(LOV) Letter of violation. No response can lead to significant noncompliance, then formal action
3.	Failure to notify of effluent violation or slug discharge	Isolated or infrequent, no known effects	Notify with phone call. Must notify within 10 days if no formal action will be taken
4.	Failure to notify of effluent violation or slug discharge	Frequent or continued violations	LOV, Formal action (Compliance schedule etc.)
5.	Failure to notify to effluent violation or slug discharge	Known environmental or POTW damage results	LOV, Formal action, but can include emergency conditions which accelerate enforcement actions leading to termination of service
6.	Minor sampling, monitoring or reporting errors (typographical)	Isolated or infrequent	Phone call, corrections made on next submittal
7.	Major sampling, monitoring or reporting deficiencies	Isolated or infrequent	LOV, corrections must be made on next submittal
8.	Major reporting deficiencies	Continues or remains uncorrected 3 0 or whenever an LOV is issued that requires a response and the Industrial User fails to respond, the next level of enforcement will be taken.	LOV, followed by formal action more clays
COMPLIANCE SCHEDULES
9.	Reporting false information	Any instance SNC	LOV, formal action and if necessary cease and desist with fines and penalties assessed
10.	Missed milestone date	Will not cause late final date or other milestone dates	LOV. Response required within 10 days
11.	Missed milestone date	Will result in other missed milestone dates Violation for good or valid cause	LOV. Response required within 10 days
12.	Missed milestone date	Will result in other missed milestone dates no go-5	Phone call, LOV, the cease & desist with civil
14.	Missed final date	90 clays or more outstanding. Failure or refusal to comply without good or valid cause	Civil penalties, injunction and possible termination of service
15.	Failure to install monitoring equipment	Continued - SNC	Phone call, LOV formal action, (informal meeting 10 clays Whenever an LOV is issued that requires a response and the Industrial User fails to respond, the next level of enforcement will be taken.
ENFORCEMENT RESPONSE GUIDE
Effluent Limits
16.	Exceed final limit	Infrequent or isolated isolated	Phone call, may require letter within 10 days
17.	Exceed final limit	Infrequent or isolated Major	Phone call, may require letter within 10 days
18.	Exceed final limit	4 or more violations of the same effluent limits or 2 violations which exceed TRC	Phone call, LOV formal action (compliance schedule & if necessary cease & desist with civil penalties recommended
19.	Exceed final limit	Results in known environmental or POTW damage	Phone call, LOV, formal action (Compliance schedule & if necessary cease & desist with civil penalties recommended
20.	Report slug load	Isolated without known damage	LOV. May require letter within 10 days
21.	Report slug load	Isolated with known interference, pass through or damage	Phone call, LOV, formal action, (informal meetings with possible penalties)
22.	Report slug load	Recurring	LOV, Formal action, (informal meeting, compliance schedule, possible penalties)
23.	Discharge without permit or approval	One time without known environmental POTW damage	Phone call, LOV, cease & desist if necessary
24.	Discharge without permit or approval	One time which results in environmental damage or continuing violation	LOV, Formal action (penalty, but could include emergency conditions that accelerate enforcement action leading to termination
25.	Discharge without permit	Continuing violation with known environmental or POTW damage	Formal action (Civil penalties, cease & desist, termination of service. Request criminal investigation) whenever an LOV is issued that requires a response and the Industrial User fails to respond, the next level of enforcement will be taken.
ENFORCEMENT RESPONSE GUIDE
Noncompliance Detected through Inspections or Field Investigation
26.	Major violation of analytical procedure	No evidence of intent	Phone call or LOV
27.	Major violation of analytical procedure	Evidence of intent or negligence	Phone call, LOV, formal action (informal meeting with possible penalties)
28.	Minor violation of permit conditions	No evidence of negligence or intent	Phone call
29.	Minor violation of, permit conditions	Evidence of intent or negligence	LOV, SNC, formal action may be taken
30.	Major violation of permit conditions	Evidence of negligence	LOV, SNC, with possible formal action (civil penalties, cease & desist, possible criminal investigation and/or termination of service)
Where an LOV is issued that requires a response and the industrial user fails to respond, the next level of enforcement will be taken.

 

   (B)   This Range of Enforcement Guide addresses a broad range of pretreatment violations. It is not intended to cover all types of violations. The responses in this Guide are suggested responses. They are equally effective. The measure of the effectiveness of an enforcement response includes:

      (1)   Whether the non-complying source returns to compliance as expeditiously as possible.

      (2)   Whether the enforcement response establishes the appropriate deterrent effect for the particular violator and for other potential violators.

      (3)   Whether the enforcement response promotes fairness to government treatment as between comparable violators, as well as between complying and noncomplying parties.

   (C)   This Guide has been developed for guidance and is not intended to create legal rights or obligations, or to limit the enforcement discretion of the City of Crawfordsville, Indiana.

(Ord. 4-1999, passed 3-8-99; Am. Ord. 12-2012, passed 8-13-12; Am. Ord. 16-2016, passed 7-11-16)