§ 52.158 ENFORCEMENT RESPONSE PROGRAM TABLES.

TABLE I

DISCHARGE PARAMETER VIOLATION

Violation	Nature or Frequency of Violation	Status	Range of Responses
Exceedance of discharge limits	Isolated, non-significant.	Non- compliance	NOV
	Frequent, repeated offense, non-significant (exceeding one/quarter or four/calendar year).	Non- compliance	NOV with increased sampling frequency
	Exceedance of TRC value by a frequency of 33% or more in six months and/or exceedances of permit limit by a frequency of 66% or more in six-month span or as stated in 40 CFR 403.	Significant non- compliance (SNC)	I.   AO II.   Administrative fine III.   Cost recovery IV.   Judicial action/terminate services
	Any instance with POTW damage or direct cause for violation of POTW’s NPDES permit - SNC.	Significant non- compliance	I.   AO II.   Administrative fine III.   Cost recovery IV.   Judicial action/terminate services
Waste stream dilution in lieu of treatment as described in the SUO for industrial waste discharge	Isolated, non-significant.	Non- compliance	I.   Informal notice II.   NOV
	Frequent, repeat offense, non-significant (exceeding one per quarter or four per calendar year).	Non- compliance	I.   NOV II.   AO
Slug load discharge	Isolated with no damage to POTW.	Non- compliance	NOV
	Frequent; more than one per calendar year with no damage to POTW.	Significant non- compliance	AO and upgrading slug discharge control plan
	Any instance with POTW damage or direct cause for violation of POTW’s NPDES permit; SNC.	Significant non- compliance	I.   AO II.   Administrative fine III.   Cost recovery IV.   Judicial action/terminate services

 

Violation	Nature or Frequency of Violation	Status	Range of Responses
Unauthorized/non- permitted discharge	Any instance with no damage to POTW.	Non- compliance	NOV
	Any instance with POTW damage or direct cause for violation of POTW’s NPDES permit - SNC.	Significant non- compliance	I.   AO II.   Administrative fine III.   Cost recovery IV.   Judicial action/terminate services
Prohibited or illegal RCRA hazardous waste discharge	Any instance.	Significant non- compliance	I.   AO II.   Administrative fine III.   Cost recovery IV.   Judicial action/terminate services

 

TABLE II

SAMPLING, MONITORING AND REPORTING VIOLATIONS

 

Violation	Nature or Frequency of Violation	Status	Range of Responses
Minor sampling, monitoring or reporting deficiencies	Isolated or infrequent.	Non- compliance	I.   Informal notice II.   NOV
	Frequent, repeat offense, non-significant (exceeding one per quarter or four per calendar year).	Non- compliance	NOV
Major sampling, monitoring, or reporting deficiencies	Isolated or infrequent.	Non- compliance	I.   NOV II.   NOV with increased sampling frequency
	Frequent, repeat offense (exceeding one per quarter or four per calendar year).	Non- compliance	I.   NOV with increased sampling frequency II.   AO
Critical sampling, monitoring, or reporting deficiencies	Any instance.	Significant non- compliance	I.   AO II.   Administrative fine III.   Judicial action IV.   terminate services
Falsification of sampling, monitoring, or reporting requirements	Any instance.	Significant non- compliance	I.   Administrative fine II.   Judicial action–criminal prosecution III.   Terminate services

 

Violation	Nature or Frequency of Violation	Status	Range of Responses
Failure to report changed discharge	Any instance with no impact on the permit.	Non- compliance	Informal notice
	Any instance with impact on the permit.	Non- compliance	NOV with show cause
Failure to obtain permit before discharge	Any instance.	Non- compliance	NOV with show cause
Failure to inform POTW of the ownership change	Any instance.	Non- compliance	NOV
Failure to install monitoring equipment including a monitoring manhole as required	Any instance.	Non- compliance	NOV wit the requirement to immediately initiate the installation of equipment
Tampering with monitoring equipment	Any instance.	Significant non- compliance	I.   AO with fines II.   Judicial action

 

TABLE III

OTHER TYPES OF VIOLATIONS

 

Violation	Nature or Frequency of Violation	Status	Range of Responses
Entry denial	Entry denied or consent withdrawn. Copies of records denied.	Non- compliance	Obtain search warrant and return to IU.
Inadequate record keeping	Incomplete or missing records.	Non- compliance	I.   Informal notice II.   NOV
	Repeat offense.	Non- compliance	I.   NOV II.   AO with fine
Failure to properly operate and maintain pretreatment facility	Any instance.	Non- compliance	I.   Informal notice II.   NOV III.   AO and immediate corrective action

 

TABLE IV

COMPLIANCE SCHEDULE VIOLATION

Violation	Nature or Frequency of Violation	Status	Range of Responses
Missed milestone date	Will not affect other milestone dates on compliance schedule. No valid cause for missing the deadline.	Non- compliance	I.   Informal notice II.   NOV
	Will disrupt compliance schedule timetable–violation for valid cause.	Non- compliance	I.   NOV with show cause hearing II.   AO to re-establish timetable
	Will disrupt compliance schedule timetable–violation not for valid cause.	Significant non- compliance	I.   AO with fines II.   Re-establish the compliance schedule
Missed final date of achieving compliance for which the schedule was established–the parameter was in violation at least once	Violation after milestone final date due to strike, act of God, national crises, etc.	Non- compliance	I.   Informal response II.   AO to re-establish timetable
	Sampling or monitoring within 30 days of milestone final date yielded more than one violation for the compliance schedule parameter.	Significant non- compliance	NOV with show cause
	Sampling or monitoring after 30 days and before the closure date yielded more than one violation for the compliance schedule parameter.	Significant non- compliance	I.   AO with fines II.   Show cause III.   Administrative fine/cost recovery IV.   Judicial action/zero discharge V.   Terminate services
Failure to meet reporting requirements	Did not submit report but did complete milestone.	Non- compliance	NOV
	Did not submit report, did not complete milestone.	Significant non- compliance	AO with fine
Reporting false information	Any instance.	Significant non- compliance	I.   Terminate services II.   Judicial action/criminal prosecution

 

(Ord. 2012-2B, passed 3-5-12)