APPENDIX A: ENFORCEMENT RESPONSE GUIDE TABLE
Non-Compliance
Nature of Violation
Category
Enforcement Response
Personnel
Non-Compliance
Nature of Violation
Category
Enforcement Response
Personnel
Unauthorized Discharge (no permit)
Failure to return industrial user survey
Initial, requirements not understood
1
Phone call or visit to explain or assist
PC
Persistent after assistance
4
AO and fine or termination of service
PC, LAO
Unpermitted discharge
IU unaware of requirements; no harm to POTW or environment
1
Phone call and/or NOV with application
PC
IU unaware of requirement; harm to POTW or environment
4
AO and fine or termination of service
LAO
Failure to apply continues after notification by PC
5
Civil action in Chancery Court and/or criminal investigation and or termination
LAO
Failure to renew permit
IU has not submitted application within 10 days of due date
1
Phone call, NOV
PC
Discharge Permit Violations
Exceeding of local, state or federal standards
Isolated, < or = 1/month (no harm)
1
Phone call and/or NOV
PC
Isolated, > or = 1/month (no harm)
2
NOV and/or AO
PC, LAO
Isolated, harmful to POTW or environment
3
Show cause hearing and/or AO and fine, and/or legal action
PC LAO
Chronic or TRC, no harm
1
NOV and public notice
PC
Chronic or TRC, no harm
2, 2nd 3, 3rd 4, 4th
Public notice, with/without AO and fine
PC, LAO
Chronic or TRC, harm to POTW or environment
4
AO and fine, and/or legal action, and/or termination of service
LAO
Monitoring and Reporting Violations
Reporting violation
Report improperly signed or certified
1
Phone call and/or NOV
PC
Report improperly signed or certified after prior notice
2
Show cause hearing and/or AO
PC
LAO
Isolated (< 20%/6mo. > 5 days late)
1
Phone call and/or NOV
PC
Significant (> 20%/6 mo.>5 days late)
2
AO to submit and fine for each additional day late
LAO
Reports always late: failure to submit (> 75% of reports > 5 days late) within 12-month reporting period
5
AO and fine and/or civil action or Chancery Court or termination of service
LAO
Failure to report spill or discharge change, no harm
1
NOV
PC
Failure to report spill or discharge change with harm
3
AO and fine and/or civil action
LAO
Repeated failure to report spills > 2 failures/12 mo. reporting periods
5
AO and fine and/or civil action or termination
LAO
Falsification of records
5
Criminal investigation or termination
LAO
Failure to monitor correctly
Failure to monitor all permit required pollutants
1
NOV 1/12-mo. reporting period
PC
LAO
Recurring failure to monitor > 4 failures/24-month reporting period
3
AO and fine and/or civil action
LAO
Improper sampling
No evidence of intent
1
NOV
PC
Evidence of intent, tampering with sampler
3, 1st 5, repeated
NOV and AO
Criminal investigation or termination
PC, LAO
Failure to install monitoring equipment
Delay of less than 30 days
1
NOV
PC
Delay of more than 30 days
2
AO to install with fine for each additional day
LAO
Recurring, violation of AO
5
Civil action or criminal investigation or termination of service
LAO
Compliance schedule
Missed milestone, less than 30 days, will not affect final schedule
1
NOV
PC
Missed milestone more than 30 days, will affect final schedule (good cause)
2
AO
LAO
Missed milestone, more than 30 days, will affect final schedule (no good cause)
4
AO and fine civil action or termination
LAO
Recurring violations or violations of AO
5
Civil action and/or criminal investigation and/or termination of service
LAO
Other Permit Violations
Waste stream dilution in lieu of pretreatment
Initial violation
2
AO and fine
LAO
Recurring
3
Show cause hearing termination
LAO
Failure to mitigate non-compliance or halt production
Does not cause harm
1
NOV
PC
Does cause harm
5
AO and fine or civil action
LAO
Discharging following a terminated permit due to enforcement action that terminated service
Initial violation
5
Maximum penalties
LAO
Failure to resample following violation
Initial violation
1
Phone call or visit
PC
Repeated failure after notice by PC
2nd #l, 3rd #2, 4th #3
2nd NOV, 3rd AO and fine
4th AO and fine and/or termination of service
PC, LAO
Failure to properly operate and maintain facility
Does not cause harm
1
NOV
PC
Does cause harm, or reoccurring
4
AO and fine or civil action
LAO
Violations Detected During Site Visit
Entry denial
Entry denied or consent withdrawn; copies of records denied
2
Obtain warrant and return to IU
PC
Illegal discharge, violation of general discharge prohibitions
No harm tp POTW or environment
2
AO and fine
LAO
Caused harm or evidence of intent or negligence
4
AO and fine and/or civil action and or criminal investigation
LAO
Recurring violation of AO
5
Terminate service
LAO
Improper sampling
Unintentional sampling at incorrect location
1
NOV
PC
Unintentional using incorrect sample type
1
NOV
PC
Unintentional using incorrect techniques
1
NOV
PC
Inadequate record keeping
Files incomplete or missing (no evidence of intent)
1
NOV
PC
Recurring
3
AO and fine
LAO
Failure to report additional monitoring
Inspection finds additional files (unintentional)
2
NOV
LAO
Recurring (considered falsification)
4
AO and fine
LAO
 
(Ord. 699, passed 10-26-2009)