§ 52.189 RESPONSES: TIMEFRAMES, RESPONSIBLE OFFICIALS, ESCALATED ACTIONS.

   (A)   The following chart further outlines types of violations and specifies POTW actions (initial and escalated), timeframes, and the officials responsible for completing the actions. This chart shall be considered a part of the enforcement response plan.

   (B)   Responses to violations affecting the operation of the POTW, resulting in POTW NPDES violations, or resulting in environmental harm or endangerment to human health will be taken immediately or as soon as possible following discovery.

   (C)   A user may be sent a notice of violation (NOV) or notice of noncompliance (NNC) for each individual violation. Alternatively, violations over a period of time may be summarized. In general, NOVs in response to violations will be issued within 30 days of discovery of the violations. Users found to be in SNC for two consecutive six-month periods will be issued an enforceable order to return to compliance. In all cases, escalated or continuing enforcement action will be taken against users who do not return to compliance in a timely manner.

   (D)   Cases of falsifying reports, tampering with monitoring or sampling equipment, or otherwise preventing the collection of representative data may be referred to the District Attorney for possible criminal investigation.

   (E)   Show cause hearings may be held at the Director’s discretion prior to taking enforcement actions.

Type of Violation	POTW Action	Timeframe	Responsible Official	Expected Action From User	Escalated Action if Needed
Unpermitted Discharges
Unpermitted discharge	Notice of violation	Within 30 days of discovery of discharge	Pretreatment Coordinator	File permit application	Suspend service until permit is issued
Unaware of requirements
Unpermitted discharge	Notice of violation with penalty assessed	Within 30 days of discovery of discharge	Director	File permit application	Suspend service until permit is issued
Aware of requirement
Unpermitted discharge results in NPDES or other state issued permit or state general statute violations	Order to cease process causing violation notice of violation within recommended minimum of $1,000 and up to $25,000/day per violation penalty	Order to cease immediately	Director	File permit application	Suspend service until permit is issued
		Notice of violation within seven days		Steps taken to avoid violation
Unpermitted discharge results in endangerment	Suspend service	Suspend service immediately	Director	File permit application
	Notice of violation with recommended minimum $1,000 and up to $25,000 per day per violation penalty	Notice of violation within seven days		Steps taken to avoid future endangerment
Permit Limits Violations
Permit limits violation	Notice of non- compliance or notice of violation with $0 to $25,000 penalty	Within 30 days of receiving data	Pretreatment Coordinator	Conduct additional monitoring and return to compliance	Notice of violation with penalty
Single event minor
Permits limits violation	Notice of violation with $0 to $25,000 penalty	Within 30 days of receiving data	Pretreatment Coordinator	Conduct additional monitoring and return to compliance	Second notice of violation with increased penalty
Technical Review Criteria (CRC)
Permit limits violation	Notice of violation with $0 to $25,000 penalty	Within 30 days of receiving data	Pretreatment Coordinator	Report cause of non- compliance and steps taken to prevent violation	Enforceable schedule (AO) if not resolved by end of second six- month period
Significant non-compliance
Permit limits violation results in NPDES or other state issued permit or state general statute violations	Order to cease process causing violation notice or violation with recommended minimum $1,000 and up to $25,000/day per violation penalty	Order to cease immediately	Director	Report cause of non- compliance and steps taken to prevent violation	Suspend service until resolved
		Notice of violation within seven days of discovering violation			Enforceable schedule (AO) if not resolved by end of second six- month period
Permit limits violation results in endangerment	Suspend service	Suspend service immediately	Director	File for reissuance of permit
	Notice of violation with a recommended minimum $1,000 and up to $25,000 per day per violation penalty	Notice of violation within seven days
Other violations
Self monitoring violations	Notice of violation with a recommended minimum penalty equal or greater than cost of missed testing	Within 30 days of discovery	Pretreatment Coordinator	Conduct missed sampling	Second notice of violation with penalty equal to twice cost of missed testing
Reporting violations	Notice of non- compliance	Within 30 days of the report due date	Pretreatment Coordinator	Submit report	Notice of violation
Late report					Penalty assessed
					Possible SNC if over 30 days
Reporting violations	Notice of non- compliance	Within 30 days of the report submission	Pretreatment Coordinator	Submit revised report	Notice of violation
Incomplete or inaccurate reports					Penalty assessed
Reporting violations	Referred to District Attorney	As soon as suspected	Director
Intentional falsification
Violation of permit conditions	Notice of violation with penalty up to $25,000 per day per violation	Within 30 days of discovery	Pretreatment Coordinator or Director	Varies	Second notice of violation within increased penalty
Violation of permit	Suspend service	Suspend service immediately	Director	Steps taken to avoid reoccurrence
Conditions results in NPDES or other state issued permits or state general statute violations or endangerment	Notice of violation with up to $25,000 per day per violation penalty	Notice of violation within seven days
Violations of enforcement order	Notice of violation assess stipulated penalty and actions listed for same violation type in ERP	Within timeframe listed in enforcement order or for the same type of violation in ERP	Pretreatment Coordinator or Director	Additional monitoring and steps taken to avoid recurrence	Same as escalated action for same type of violation
Conditions or limits					Possible revocation of order
Failure to meet a milestone date in an enforcement order (does not affect other dates)	Notice of violation and assess penalty stipulated in order	Within 14 days of discovery	Pretreatment Coordinator	Submit a schedule to complete the requirement	Show cause hearing
Failure to meet a milestone date in an enforcement order (affects other dates)	Show cause hearing and assess stipulated penalties	Within 30 days of discovery	Director	Negotiate new order and abide by new conditions	Possible termination of service
Failure to meet final compliance date	Notice of violation and assess stipulated penalties	Within 14 days of discovery	Director	Document compliance	Possible termination of service

 

(Ord. passed 7-29-2008)