§ 4-6-67 ENFORCEMENT RESPONSE PLAN.

   The Enforcement Response Plan dated August 1, 1995, and all revisions are hereby made a part of this Sewer Pretreatment Title.

(Ord. CM-93-34, passed 12-13-1993)

CITY OF DILLON ENFORCEMENT RESPONSE PLAN
AUGUST 1, 1995

A. UNAUTHORIZED DISCHARGES (No permit)
NONCOMPLIANCE		NATURE OF THE VIOLATION	ENFORCEMENT RESPONSES	PERSONNEL
1.	Unpermitted discharge	IU unaware of requirement; no harm to POTW/environment	Phone call; NOV with application form	PC
		IU unaware of requirement; harm to POTW	- AO with fine	PC
			- Civil action	S
		Failure to apply continues after notice by the POTW	- Civil action	S
			- Criminal investigation	S
			- Terminate service	S
2.	Nonpermitted discharge (failure to renew)	IU has not submitted application within 10 days	Phone call; NOV	PC
B. DISCHARGE PERMIT VIOLATION
1.	Exceedance of local or Federal Standard (permit limit)	Isolated, not significant	Phone call; NOV	I, PC
		Isolated, significant (no harm)	AO to develop spill prevention plan and fine	PC
		Isolated, harm to POTW or environment	- Show cause order	PC, S
			- Civil action	S
		Recurring, no harm to POTW/environment	AO with fine	PC
		Recurring; Significant (harm)	AO with fine	PC
			- Show cause order	PC, S
			- Civil action	S
			- Terminate service	S
C. MONITORING AND REPORTING VIOLATIONS
1.	Reporting violation	Report is improperly signed or certified	Phone call or NOV	PC
		Report is improperly signed or certified after notice by POTW	- AO	PC
			- Show cause order	PC, S
		Isolated, not significant (e.g., 5 days late)	Phone call; NOV	I, PC
		Significant (e.g., report 30 days or more late)	AO to submit with fine per additional day	PC
		Reports are always late or no reports at all	- AO with fine	PC
			- Show cause order	PC, S
			- Civil action	S
		Failure to report spill or changed discharge (no harm)	NOV	PC
		Failure to report spill or changed discharge (results in harm)	- AO with fine	PC
			- Civil action	S
		Repeated failure to report spills	- Show cause order	PC, S
			- Terminate service	S
		Falsification	- Criminal investigation	S
			- Terminate service	S
2.	Failure to monitor correctly	Failure to monitor all pollutants as required by permit	NOV or AO	PC
		Recurring failure to monitor	- AO with fine	PC
			- Civil action	S
3.	Improper sampling	Evidence of intent	- Criminal investigation	S
			- Terminate service	S
4.	Failure to install monitoring equipment	Delay of less than 30 days	NOV	PC
		Delay of 30 days or more	AO to install with line for each additional day	PC
		Recurring, violation of AO	- Civil action	PC
			- Criminal investigation	S
			- Terminate service	S
5.	Compliance Schedules (in permit)	Missed milestone by less than 30 days, or will not affect final milestone	NOV or AO with fine	PC
		Missed milestone by more than 30 days, or will affect final milestone (good cause for delay)	AO with fine	PC
		Missed milestone by more than 30 days, or will affect final miles stone (no good cause for delay)	- Show cause order	PC, S
			- Civil action	S
			- Terminate service	S
		Recurring violation or violation of schedule in AO	- Civil action	S
			- Criminal investigation	S
			- Terminate service	S
E. OTHER PERMIT VIOLATIONS
1.	Wastestreams are diluted in lieu of treatment	Initial violation	AO with fine	PC
		Recurring	- Show cause order	PC, S
			- Terminate service	S
2.	Failure to mitigate noncompliance or halt production	Does not result in harm	NOV	PC
		Does result in harm	- AO with fine	PC
			- Civil action	S
3.	Failure to properly operate and maintain pretreatment facility	See No. 2 above
F. VIOLATIONS DETECTED DURING SITE VISITS
1.	Entry Denial	Entry denied or consent withdrawn, copies of records needed	Obtain warrant and return to IU	I
2.	Illegal Discharge	No harm to POTW or environment	AO with fine	PC
		Discharges causes harm or evidence or intent/negligence	- Civil action	S
			- Criminal investigation	S
		Recurring violation of AO	Terminate service	S
3.	Improper sampling	Unintentional sampling at incorrect location	NOV	I, PC
		Unintentionally using incorrect sample type	NOV	I, PC
		Unintentionally using incorrect sample collection techniques	NOV	I, PC
4.	Inadequate record keeping	Inspector finds files incomplete to missing (no evidence of intent)	NOV	I, PC
		Recurring	AO with fine	PC
5.	Failure to report additional monitoring	Inspection finds additional files	NOV	I, PC
		Recurring	AO with fine	PC
G. TIMEFRAMES FOR RESPONSES
1.	All violations will be identified and documented within five days of receiving compliance information.
2.	Initial enforcement responses (involving contact with the industrial user and requesting information on corrective or preventative action(s) will occur within 15 days of violation detection.
3.	Follow up actions for continuing or reoccurring violations will be taken within 60 days of the initial enforcement response. For all continuing violations, the response will include a compliance schedule.
4.	Violations which threaten health, property or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge or terminating service.
5.	All violations meeting the criteria for significant noncompliance will be addressed with an enforceable order within 30 days of the identification of significant noncompliance.

H. DESCRIPTION OF TERMS
Terms and abbreviations used in the plan are defined below:
AO	Administrative Order.
Civil Litigation	Civil litigation against the industrial user seeking equitable relief monetary penalties and actual damages.
Criminal Prosecution	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 the pretreatment coordinator or the POTW Superintendent.
I	Inspector.
IU	Industrial User.
Meeting	Informal compliance meeting with the IU to resolve recurring noncompliance.
NOV	Notice of Violation.
PC	Pretreatment Coordinator.
S	Superintendent.
SV	Significant Violation.
Show Cause	Formal meeting requiring the IU to appear and demonstrate why the Control authority should not take a proposed enforcement action against it. The meeting may also serve as a forum to discuss corrective actions and compliance schedules.