(A) Sampling, monitoring and reporting.
Noncompliance | Circumstances | Range of Response |
Noncompliance | Circumstances | Range of Response |
Discharge without a permit or approval | One time which results in environmental damage or continuing violation | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order, including civil penalties, but could include emergency considerations which accelerate enforcement features leading to termination of service |
Discharge without a permit or approval | One time without known environmental or POTW damage | Phone call, LOV, formal action, then CD if necessary |
Discharge without a permit or approval | Continuing violation with known environmental or POTW damage | Civil penalties, injunctive relief follow, then show cause hearings leading to termination of service, but could include emergency considerations which accelerate enforcement features leading to termination of service |
Exceeding interim limits | Results in known environmental or POTW damage | Phone call, LOV, formal action (compliance schedules) and if necessary, CD with civil penalties recommended, but could include emergency considerations which accelerate enforcement features leading to termination of service |
Exceeding final limits | Four or more violations of the same effluent limits or two violations which exceed TRC | Phone call, LOV, formal action (compliance schedules) and if necessary, CD with civil penalties recommended |
Exceeding final limits | Infrequent or isolated major violations exceed the limits by TRC of a single effluent limit | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order |
Exceeding final limits (categorical, local or prohibited) | Infrequent or isolated minor violation | LOV |
Failure to sample, monitor or report (routine reports, BMRs) | Isolated or infrequent | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order |
Failure to sample, monitor, report or notify | IU does not respond to letters, does not follow through on verbal or written agreement or administrative order | Civil penalties, injunctive relief follow, then show cause hearings leading to termination of service |
Failure to notify of effluent limit violation or slug discharge | Isolated or infrequent. No known effects | LOV |
Failure to install monitoring equipment | Continued | Phone call, LOV, formal action (compliance schedules) to begin monitoring (using outside contracts if necessary) and install equipment within minimal time. Continued noncompliance leads to termination of service |
Failure to notify of effluent limit violation or slug discharge | Known environmental or POTW damage results | Civil penalties, injunctive relief follow, then show cause hearings leading to termination of service, but could include emergency considerations which accelerate enforcement features leading to termination of service |
Failure to notify of effluent limit violation or slug discharge | Frequent or continued violation | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order |
Major or gross sampling, monitoring or reporting, deficiencies (missing information, late reports) | Isolated or infrequent | Phone call, LOV, followed by formal action (compliance schedules) |
Major or gross reporting deficiencies | Continued. Remains uncorrected 30 days or more | CD or judicial action leading to show cause hearing and termination of service |
Minor violation of permit condition | No evidence of negligence or intent | LOV |
Minor sampling, monitoring or reporting deficiencies (computational or typographical errors) | Isolated or infrequent | LOV. Corrections to be made on next submittal |
Minor violation of analytical procedures | Any instance | LOV |
Minor violation of analytical procedures | No evidence of intent | LOV |
Minor violation of analytical procedures | Evidence of negligence or intent | Phone call, LOV, formal action, then CD if necessary |
Minor violation of permit condition | Evidence of negligence or intent | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order |
Missed interim date | Will result in order missing interim dates. Violation for good or valid cause | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order |
Missed interim date | Will not cause late final date or other interim dates | LOV |
Missed interim date | Will result in order missed interim dates. No good or valid cause | Phone call, LOV, then formal action, then cease and desist with civil penalty recommendations |
Missed final date | Violation due to outside force (strike, act of God and the like) | Contact permittee and require documentation of good or valid cause |
Missed final date | 90 days or more outstanding. Failure or refusal to comply without good or valid cause | Civil penalties, injunctive relief follow, then show cause hearings leading to termination of service |
Reported slug load | Isolated without known damage | LOV |
Reported slug load | Isolated with known interference, pass through or damage | Phone call, LOV, formal action (compliance schedules) and if necessary, CD with civil penalties recommended, but could include emergency considerations which accelerate enforcement features leading to termination of service |
Reported slug load | Recurring | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order |
Reporting false information | Any instance | Written letter of violation (LOV) requiring a report within five days. No response leads to significant noncompliance, then formal action, then cease and desist order |
(B) Use of range of enforcement guide.
(1) This range of enforcement guide addresses a broad range of pretreatment violations. It is not intended to cover all types of violations. The responses in this guide are suggested responses. The town may use alternative enforcement responses that are equally effective. The measure of the effectiveness of an enforcement response includes:
(a) Whether the noncomplying source returns to compliance as expeditiously as possible; and
(b) Whether the enforcement response establishes the appropriate deterrent effect for the particular violator and for other potential violators; and whether the enforcement response promotes fairness of government treatment as between comparable violators, as well as between complying and noncomplying parties.
(2) This guide has been developed for guidance and is not intended to create legal rights or obligations or to limit the enforcement discretion of town.
(Ord. 11, 2009, passed 12-15-2009) Penalty, see § 53.99