APPENDIX A: ENFORCEMENT RESPONSE PLAN ENFORCEMENT RESPONSE GUIDE
   Factors to be considered in selecting the alternative enforcement options for each type of non- compliance will be based on:
      - Good faith of user
      - Compliance history of user
      - Previous success of enforcement actions taken against the IU (e.g., NOVs have not previously been a success in returning IU to compliance)
      - Violation's effect on the receiving waters
      - Violation's effect on the POTW
   DESCRIPTION OF TERMS IN ENFORCEMENT RESPONSE GUIDE
   AO - Administrative order
   Civil Litigation - Civil litigation against the IU seeking equitable relief, monetary penalties and actual damages
   Criminal Litigation - Pursuing punitive measures against an individual and/or organization through a court of law
   Fine - Monetary penalty assessed by control authority officials. Fines should be assessed by POTW Superintendent and/or City Manager
   I - Inspector
   IU - Industrial User
   POTW - Publicly owned treatment works
   Meeting - Informal compliance meeting with the IU to resolve recurring non-compliance
   NOV - Notice of violation
   PC - Pretreatment Coordinator
   S - Superintendent of Wastewater Facility
   SV - Significant Violation
Non-Compliance
Nature of Violation
Enforcement Response
Personnel
Non-Compliance
Nature of Violation
Enforcement Response
Personnel
UNAUTHORIZED DISCHARGES (NO PERMIT)
1. Unpermitted discharge
IU unaware of requirement; no harm to POTW/ environment
Phone call; NOV with application form
S/CM
IU unaware of requirement; harm to POTW
AO with fine
CM
civil action
CM
Failure to apply continues after notice by POTW
civil action
CM
criminal invest
CM
terminate service
CM
2. Non-permitted discharge (failure to renew)
IU has not submitted application within 10 days of due date
phone call; NOV
S/CM
DISCHARGE LIMIT VIOLATION
1. Exceedance of local or federal standard (permit limit)
Isolated, not significant
phone call; NOV
S/CM
Isolated, significant (No Harm)
AO to develop spill prevention plan and fine
CM
Isolated, harm to POTW or environment
show cause order
CM
civil action
CM
Recurring, no harm to POTW/ environment
AO with fine
CM
Recurring; significant (harm)
AO with fine
CM
show cause order
CM
civil action
CM
terminate service
CM
MONITORING AND REPORTING VIOLATIONS
1. Reporting violation
Report is improperly signed or certified
Phone call or NOV
S/CM
Report is improperly signed or certified after notice by POTW
AO
CM
Show cause hearing
CM
Isolated, not significant (e.g., 10 days late)
Phone call; NOV
S/CM
Significant (e.g., report 30 days or more late)
AO to submit with fine per additional day
CM
Reports are always late or no reports at all
AO with fine
CM
show cause order
CM
civil action
CM
Failure to report spill or changed discharge (no harm)
NOV
S/CM
Failure to report spill or changed discharge (results in harm)
AO with fine
CM
Civil action
CM
Repeated failure to report spills
show cause order
CM
terminate service
CM
Falsification
criminal invest.
CM
terminate serv.
CM
2. Failure to monitor correctly
Failure to monitor all pollutants as required by permit
NOV or AO
S/CM
Recurring failure to monitor
AO with fine
CM
civil action
CM
3. Improper sampling
Evidence of intent
criminal invest.
CM
terminate serv.
CM
4. Failure to install monitoring equipment
Delay of less than 30 days
NOV
S/CM
Delay of 30 days or more
AO to install with fine for each additional day
CM
Recurring, violation of AO
civil action
CM
criminal invest.
CM
terminate serv.
CM
5. Compliance schedules (in permit)
Missed milestone by less than 30 days or will not affect final milestone
NOV or AO w/fine
S/CM
Missed milestone by more than 30 days, or will affect final milestone (good cause for delay)
AO with fine
CM
Missed milestone by more than 30 days or will affect final milestone (no good cause for delay)
show cause order
CM
civil action
CM
terminate serv.
CM
Recurring violation or violation of schedule in AO
civil action
CM
criminal invest.
CM
terminate serv.
CM
VIOLATIONS DETECTED DURING SITE VISITS
1. Entry denial
Entry denied or consent withdrawn, copies of records denied
Obtain warrant and return to IU
I/CM
2. Illegal discharge
No harm to POTW or environment
AO with fine
CM
Discharges causes harm or evidence of intent/negligence
civil action
CM
criminal invest.
CM
Recurring, violation of AO
Terminate service
CM
3. Improper sampling
Unintentional sampling at incorrect location
NOV
I/CM
Unintentionally using incorrect sample type
NOV
I/CM
Unintentionally using incorrect sample collection techniques
NOV
I/CM
4. Inadequate record keeping
Inspector finds files incomplete to missing (no evidence of intent)
NOV
I/CM
Recurring
AO with fine
CM
5. Failure to report additional monitoring
Inspection finds additional files
NOV
I/CM
Recurring
AO with fine
CM
OTHER PERMIT VIOLATIONS
1. Waste stream are diluted in lieu of treatment
Initial violation
AO with fine
CM
Recurring
show cause order
CM
terminate serv.
CM
2. Failure to mitigate non- compliance or halt production
Does not result in harm
NOV
S/CM
Does result in harm
AO with fine
CM
civil action
CM
3. Failure to properly operate and maintain pretreatment fac.
Does not result in harm
NOV
S/CM
Does result in harm
AO with fine
CM
civil action
CM