(a) The following definitions and response criteria shall be used in responding to violations of the City of Massillon Industrial Wastewater Pretreatment Program.
(b) Definitions.
(1) Major violation. Major violations are those that exceed the limits frequently and/or by a large quantity (e.g., the technical review criteria under subsection (c) (2) hereof); impede the determination of compliance status; have the potential to cause or may have actually caused adverse environmental effects, health problems, or interfered with the POTW treatment capability. Any violation that meets the definition of Significant Noncompliance (subsection (b) (2) hereof) is considered a major violation.
(2) Significant noncompliance (SNC). Any violation of pretreatment requirements (limits, samplings, analysis, reporting and meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the Industrial User is liable for enforcement, including penalties. Instances of SNC are Industrial User violations which meet one or more of the following criteria:
(c) Violations of Wastewater Discharge Limits.
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant during a six month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 925.01;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33%) percent or more of all of the measurements for each pollutant parameter taken during a six -month period equal or exceed the product of a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined by Section 925.01 multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum, long term average, Instantaneous Limit, or narrative standard) that the Safety- Service Director or Plant Manger determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).
(4) Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge.
(d) Violations of Compliance Schedule Milestones. Violations of compliance schedule milestones that are contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date.
(e) Failure to Provide Reports. Failure to provide reports for compliance scheduled, self-monitoring data, or categorical standards (baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules)
within 30 days from the due date.
(f) Failure to accurately report noncompliance.
(g) Any other violation or group of violations, which may include a violation of Best Management Practices, that the City considers to be significant by adversely affecting the operation or implementation of the local pretreatment program.
(h) Industrial User (IU) Violation Response Categories.
Level 1 (Ll)- Telephone Call.
Level 2 (L2) -Notice of Violation (NOV).
Level 3 (L3) -Administrative Order (AO).
Level 4 (L4) - Administrative Order and/or Penalty.
Level 5 (L5) - Administrative Order and/or Penalty and/or Judicial Action.
Level 6 (L6)- Administrative Order and/or Penalty and/or Judicial Action And/or Show Cause Hearing and/or Termination of Service.
(i) Titles and Timeframes for Industrial Users' Violation Response Categories.
Level 1 - Immediately, Pretreatment Coordinator, Pretreatment Inspector.
Level 2- 5 Days, Pretreatment Coordinator, Pretreatment Inspector, Manager.
Level 3- 10 Days, Manager, City Engineer, Director of Public Service and Safety.
Level 4- 10 Days, Manager, City Engineer, Director of Public Service and Safety.
Level 5- 30 Days, Manager, City Engineer, Director of Public Service and Safety, Law Director.
Level 6- 30 Days, Manager, City Engineer, Director of Public Service and Safety, Law Director.
(j) Pretreatment Enforcement Criteria. The following pages represent the City's Pretreatment Enforcement Response Criteria:
NONCOMPLIANCE | NATURE OF VIOLATION | RANGE OF RESPONSES |
A. ILLEGAL DISCHARGE | ||
1. Nonpermitted discharge | Failure to apply for permit renewal, no environmental or POTW damage | L4 |
2. Unpermitted discharge | Discharger unaware of permit requirement, no environmental or POTW damage | L3 |
3. Unpermitted discharge | Results in violation of POTW NPDES permit, or dangerous situation - (SNC) | L5 |
B. DISCHARGE STANDARD VIOLATION | ||
1. Exceedance of discharge limits (local or categorical) | Isolated, nonsignificant (< 120% of limit) | L1 - Initial violation L2 - Subsequent violations |
2. Exceedance of discharge limits | Frequent, nonsignificant (repeated offense) | L4 |
3. Exceedance of discharge limits | SNC | L5 |
4. Exceedance of discharge limits | Results in known environmental or POTW damage (endangerment to life) | L5 |
5. Slug load discharge | Isolated without known damage | L3 |
6. Slug load discharge | Isolated with known interference, pass-through, or damage results - (SNC) | L6 |
7. Slug load discharge | Recurring - (SNC) | L6 |
C. SAMPLING, MONITORING AND REPORTING VIOLATIONS | ||
1. Minor sampling, monitoring or reporting deficiencies | Isolated or infrequent (1st or 2nd offense) | L1 - Initial violation L2 - Subsequent violation |
2. Minor sampling, monitoring or reporting deficiencies | Frequent (repeated offense) or continuous | L3 |
3. Major sampling, monitoring or reporting deficiencies | Isolated or infrequent (1st or 2nd offense) | L3 |
4. Major sampling, monitoring or reporting deficiencies | Frequent (repeated offense) or continuous to become SNC | L4 |
5. Complete failure to sample, monitor or report | SNC | L5 |
6. Continued failure to sample, monitor or report | Violation of NOV condition | L6 |
7. Failure to submit schedule of compliance (SOC) | Violation of consent order or AO | L6 |
8. Failure to notify of effluent limit violation of slug discharge | Isolated or infrequent No known effects | L6 |
9. Failure to notify of effluent limit violation of slug discharge | Frequent or continued violation - (SNC) | L5 |
10. Failure to notify of effluent limit violation or slug discharge | Known environmental or POTW damage results - (SNC) | L6 |
D. COMPLIANCE SCHEDULE | ||
1. Missed milestone date | Will not affect other milestone dates or final date | L2 |
2. Missed milestone date | Will affect other milestone or final date. Violation for good or valid cause | L3 |
3. Missed milestone date | Will affect other milestone or final date. Violation not for a good or valid cause - (SNC) | L5 |
4. Failure to meet compliance schedule reporting requirements | Did not submit report but did complete milestone | L2 |
5. Failure to meet compliance schedule reporting requirements | Did not submit report and did not complete milestone | L4 |
6. Missed final date | 30 day or more outstanding Failure or refusal to comply without good or valid cause | L5 |
7. Reporting false information | Any instance - (SNC) | L5 |
E. SPILL INCIDENTS | ||
1. Spill incident | Reported and investigated | L3 |
2. Repeated spill incidents | Failure to upgrade or develop spill prevention program | L4 |
3, Repeated spill incidents | Failure to act on a decision of compliance meeting and results in known environmental damage or WWTP damage | L6 |
F. VIOLATIONS DETECTED DURING FIELD INSPECTIONS/INVESTIGATIONS | ||
1. Minor violation of analytical procedures | Any instance | L2 |
2. Major violation of analytical procedures | No evidence of intent | L3 |
3. Major violation of analytical procedures | Evidence of negligence or intent (SNC) | L5 |
4. Minor violation of permit condition | No evidence of negligence or intent | L3 |
5. Minor violation of permit condition | Evidence of negligence or intent | L4 |
6. Major violation of permit condition | Evidence of negligence or intent (SNC) | L5 |
ENFORCEMENT
(a) Administrative Orders. The City has the authority to issue enforceable Administrative Orders to any or all dischargers to the sanitary sewer system. Such Orders may contain numerical discharge values limiting the volume, concentration; or mass loadings from dischargers.
(b) Compliance Schedule. The City may issue Compliance Schedules to Dischargers who fail to achieve compliance with Administrative Orders issued by the City or numerical limitations of the City or other regulatory agencies.
(c) Litigation. Whoever violates an Order of the City or fails to comply with any provisions of this chapter shall be guilty of a misdemeanor and shall be penalized in the manner set forth.
(d) Enforcement Actions; Annual Publications. At least annually, the Safety-Service Director shall provide meaningful public notification in a newspaper of general circulation within the jurisdiction served by the POTW of all industrial users which at any time during the previous twelve months were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 925.01;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six -month period equal or exceed the product of a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined by Section 925.01 multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum, long term average, Instantaneous Limit, or narrative standard) that the Safety-Service Director or Plant Manager determines has caused, alone or in combination with other dischargers, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
(5) Violation by ninety days or more after the scheduled date of a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide required reports such as baseline monitoring reports, ninety days compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within 45 days of the due date;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations, which may include a violation of Best Management Practices, which the Safety-Service Director or Plant Manager determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(Ord. 117-2015. Passed 9-8-15.)