§ 54.62 NOTICE OF VIOLATION.
   (A)   Any user found to be violating any provision of this chapter, wastewater permit or any order issued hereunder, shall be served by the city with written notice stating the nature of the violation(s). Within ten days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Director of the City Sewer Department. Submission of this plan in no way relieves the user of potential liability for any violation occurring before or after receipt of the notice of violation.
   (B)   If the violations persist or the explanation and/or plan are not adequate, the City Sewer Director’s response shall be more formal and commitments (or schedules as appropriate) for compliance will be established in an enforceable document. The enforcement response selected will be related to the seriousness of the violation. Enforcement responses will be escalated if compliance is not achieved expeditiously after the initial action. A SIGNIFICANT NON-COMPLIANCE as defined as follows: a user is defined as being in significant non-compliance when it commits one or more of the following conditions:
      (1)   Causes imminent endangerment to human health of the environment or results in the exercise of emergency authority;
      (2)   Involves failure to report non-compliance accurately;
      (3)   Results in a chronic violation defined here as 66% or more of all measurements taken during a six-month period that exceed (by any magnitude) the daily maximum limit or the monthly average limit for the same pollutant parameter;
      (4)   Results in a technical review criteria (TRC) violation defined here as 33% or more of all measurements for each pollutant parameter taken during a six-month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TEC-1.4 for BOD, TSS, fats and oil and grease and 1.2 for all other pollutants, except pH);
      (5)   Any violation of a pretreatment effluent limit that the control authority determines has caused, alone or in combination with other discharges, interference or pass through or has endangered the health of the POTW personnel or the public;
      (6)   Any discharge causing imminent endangerment to human health/welfare or to the environment or resulting in the POTW’s use of its emergency authority to halt or prevent such as a discharge;
      (7)   Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by 90 days or more after the schedule date;
      (8)   Failure to provide required reports within 30 days of the due date; and
      (9)   Any violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 14 (2001), passed 7-19-2001)