Following are the types of enforcement action that may be undertaken by the POTW:
(A) Informal notice. An informal notice may be a documented phone call, written warning, or a meeting notifying the IU of minor incidences that have occurred and that need to be corrected. Repeat performance of the same incidence or escalation of the incidence will result in increased enforcement action.
(B) Notice of violation (NOV). An NOV is the initial formal enforcement action for a violation. A certified letter will notify the IU signatory authority of the violation and will require the following:
(1) Written response within 30 days of receiving the NOV.
(2) An explanation of the violation and a plan to correct and prevent future occurrences. Must include specific action to be taken.
(3) Increased sampling of the parameter in violation within 30 days, if applicable.
(C) Administrative order. An administrative order is notification to the IU to undertake or to cease specified activities by a specified deadline. It is the first formal response to significant noncompliance (unless factors necessitate escalated enforcement actions). It may contain a compliance schedule, administrative fines, termination of service and show cause orders. In addition, the NOV will specify the name of the parties involved, statement of the facts, the requirement to ensure compliance and the enforcement action associated with any future non-compliance.
(D) Compliance order and schedule. A compliance order is an order by the Superintendent to the IU responsible for the discharge to come into compliance within a specified time. The compliance schedule is a formal time and management schedule that will be included in an enforcement order and that has been established for the noncompliant IU to achieve compliance. It is established for existing IUs to meet the categorical pretreatment standards and local standards. The compliance schedule will contain increments of progress in the form of dates for the commencement and completion of major events that will lead to compliance. All compliance schedules shall contain the following:
(1) Monitoring requirements along with the location for monitoring;
(2) A description of how the data will be used for evaluating compliance;
(3) Enforcement action that will be associated with non-compliance;
(4) Closure date after which the IU will be considered either noncompliant with the established compliance schedule or evaluated for compliance.
(E) Show cause hearing. A show cause hearing is when the IU and the POTW meet to discuss the cause and effect of the violation, as well as the enforcement action the IU will be subjected to by the town. At this time the IU may present its case as to why the violation occurred and why further enforcement should not be applied. Corrective actions to be undertaken by the IU can also be a part of this meeting. Further explanation is provided in Chapter 52 of the Fortville Town Ordinances.
(F) Termination of discharge. Termination of discharge is the revocation of an IU’s privilege to discharge non-domestic wastewater into the sewer system. Termination of discharge is used when the discharge from an industrial user presents imminent endangerment to the health or welfare of persons or the environment; or threatens to interfere with the POTW’s operations; or as an escalating enforcement action to a significant violation when a noncompliant IU fails to respond adequately to previous enforcement actions. Termination of service may be accomplished by physical severance of the IU’s connection to the collection system, issuance of an AO (agreed order; cease and desist order) which compels the IU to immediately terminate its discharge, revocation of the U’s discharge permit or a court ruling.
(G) Emergency suspension. Suspension of discharge may be immediately issued after formal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to property or the health or welfare of persons or the environment, or that threatens to interfere with the operation of the POTW.
(H) Administrative fines. An administrative fine is a punitive monetary charge that is assessed by the town rather than a court. Penalties are detailed and authorized in Chapter 52 of the Fortville Town Ordinances. The purpose of a fine is to recover the costs associated with noncompliance and to deter future violations. When assessing an administrative fine the following factors will be considered:
(1) Type and severity of the violation;
(2) Number of violations cited;
(3) Duration of noncompliance;
(4) Impact of the violation on the receiving stream, sludge quality and POTW operation;
(5) Whether or not the violation threatened public health;
(6) The economic benefit or savings the IU user gained from the noncompliance;
(7) Compliance history of the IU; and
(8) Whether or not the IU is making a good faith effort to comply.
(I) Cost recovery. In addition to administrative fines imposed by the town, the IU shall be responsible for paying at a minimum, but not limited to, the following costs that may be incurred by the town for the IU’s failure to comply:
(1) Cost of mileage and labor incurred in detecting and correcting the violation;
(2) Laboratory analysis costs associated with detecting and correcting the violation;
(3) Additional treatment costs caused by the violation or associated with detecting and correcting the violation;
(4) Costs of any additional equipment acquired or expended by the town for detecting or correcting the violation;
(5) Repair and/or replacement of any part of the sewerage system damaged by the violation;
(6) Any liability, damages, fines or penalties incurred by the town as a result of the violation;
(7) Any and alt expenses of outside professionals to include, but not be limited to, engineers, scientists and/or legal counsel;
(8) Other costs associated with the detection and correction of the violations.
(J) Judicial action. Judicial action will be taken when it is deemed necessary to force the IU to correct the violation and comply with the permit. Judicial action may consist of civil prosecution, criminal prosecution, or an action for injunction at the discretion of the town and its counsel. As an alternative to judicial action, the town and IU may agree to a voluntary zero discharge of industrial waste by the IU pending correction of the violation.
(K) Referral to EPA or the state. Violations that may warrant criminal prosecution will be referred to the state or EPA for further action. Circumstances that trigger EPA or state referrals will include, but not be limited to, evidence of willfulness, evidence of negligence and/or bad faith shown by the IU.
(Ord. 2012-2B, passed 3-5-12)