(A) This Enforcement Response Guide (ERG) designates several enforcement options for each type or pattern of noncompliance that will ensure consistent enforcement for similar violations and circumstances. Factors that will be evaluated when determining the appropriate response to violations are as follows:
(1) Good faith of the IU;
(2) Compliance history of the IU;
(3) Previous success of any prior enforcement actions against the IU;
(4) The violation’s effect on the environment and/or public health;
(5) The violation’s effect on the POTW.
(B) Violations resulting in significant noncompliance. Any violation that results in significant noncompliance (SNC) will be addressed through formal enforcement action. The minimum level of enforcement used to address an SNC is an administrative order (AO). The following categories of SNC of IUs shall be subject to enforcement actions initiated by the Town of Fortville.
(1) Violations of wastewater discharge limits.
(a) CHRONIC VIOLATIONS of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter.
(b) 1. TECHNICAL REVIEW CRITERIA (TRC) violations, defined as those in which 33% or more of ail of the measurements for each pollutant parameter taken during a six- month period exceed the same daily maximum limit or the same average limit by more than the applicable TRC.
2. There are two groups of TRCs. Group I TRC equals 1.4 or 40% for BOD5, COD, total suspended solids (TSS), fats, oil and grease. Group II TRC equals 1.2 or 20% for all other pollutants except pH.
(c) Any other violation of a pretreatment effluent limit (average or daily maximum) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of town personnel or the general public.
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or the environment or has resulted in the town’s exercise of its emergency authority under 327 IAC 5-19-3(1)(G) to halt or prevent such a discharge.
(2) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or administrative order for starting construction, completing construction or attaining final compliance.
(3) Failure to provide, within 30 days after the due date, required reports such as:
(a) Baseline monitoring reports;
(b) Ninety-day compliance reports;
(c) Self-monitoring data, reports or categorical standards;
(d) Reports on compliance with required compliance schedules.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the Superintendent determines as significant or that will adversely affect the operation or implementation of the approved POTW pretreatment program.
(C) Escalating enforcement response. Escalating enforcement response will be used for recurring violations and failure to achieve compliance subsequent to informal or formal enforcement. A recurring violation is one in which the same type of violation occurs on consecutive reporting periods, the violation occurs seasonally or any other pattern of noncompliance is shown.
(D) Violations falling under more than one category. Alleged violations or violations that fall under more than one category in the ERP will be addressed using the most severe enforcement response.
(Ord. 2012-2B, passed 3-5-12)