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)