925.48 PRETREATMENT VIOLATION ENFORCEMENT RESPONSE POLICY.
   (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.)