There are a wide range of deficiencies and discharges which may result in noncompliance/violations and which require a response by the city. The following listing provides a tiered structure of types of noncompliance/violations which have been found to occur in the city service area. This list is not meant to be all inclusive. The Pretreatment ORC can add to or modify this list as needed.
(A) Tier 1. Minor sampling, monitoring, reporting or procedural deficiencies:
(1) Reports/correspondence submitted up to ten days late;
(2) Incomplete reports and/or chain-of-custody: First offense;
(3) Transcription error: First offense;
(4) Improper sampling or analytical procedure: First offense;
(5) Sampling point not accessible to the city; and
(6) Any other violation categorized as a minor sampling, monitoring, reporting or procedural deficiency by the city.
(B) Tier 2. Major sampling, monitoring, reporting or procedural deficiencies:
(1) Reports/correspondence late by 11 to 45 days;
(2) Failure to notify the city of any planned significant changes to the IU’s operations or system which might alter the permit, user information or nature, quality or volume of its wastewater at least 90 days before the change;
(3) Failure to submit all the information that leads to the determination of a category of an IU;
(4) Failure to maintain operations and maintenance records;
(5) Use of emulsifying agents to reduce accumulation of materials in the POTW user’s equipment or grease traps;
(6) Failure to respond to a notice of deficiency within the specified timeframe; and
(7) Any other violation categorized as a major sampling, monitoring, reporting or procedural deficiency by the city.
(C) Tier 3. Critical sampling, monitoring, reporting, procedural or discharge deficiencies.
(1) Reports greater than 45 days late (SNC);
(2) Complete or partial failure to sample, monitor or report, as per the requirements found in the facility’s permit;
(3) Any deficiency of sampling, monitoring, reporting or other procedure which places the POTW user in the SNC;
(4) Slug load discharge or spill with no damage or adverse impact to the POTW;
(5) Sixty-six percent or greater total violations of a given parameter for daily max or monthly average limits by a significant industrial user;
(6) Thirty-three percent or greater total violations of a given parameter for TRC (technical review criteria) violations by a significant industrial user;
(7) Incomplete report or chain-of-custody information: Repeat offense;
(8) Failure to use approved analytical procedure (40 C.F.R. part 136): Repeat offense;
(9) Failure to sample for a parameter: Repeat offense;
(10) Improper sampling procedure: Repeat offense;
(11) Failure to comply with best management practice (BMP) and Spill Control Plan requirements with no damage or adverse impact to the POTW; and
(12) Any other violation categorized as a critical sampling, monitoring, repotting, procedural or discharge deficiency by the city.
(D) Tier 4. Major problem.
(1) Failure to respond to a show cause or administrative order;
(2) Failure to report a slug load discharge, illegal discharge or spill with no damage or adverse impact to the POTW; and
(3) Any other violation categorized as a major problem by the city.
(E) Tier 5. Chronic problems or potential to damage or damage to the POTW:
(1) Illegal or unauthorized discharge that may result in damage or adverse impact to the POTW (no intent);
(2) Discharge of any pollutants from a location, process, source or categorical operation that has not been previously approved, identified or permitted with damage or adverse impact to the POTW;
(3) Complete failure to sample, monitor or report as per requirements found in the facility’s permit;
(4) Entry denial; and
(5) Any other issue categorized as a chronic problem by the city or as having the potential to damage or adversely impact the POTW.
(F) Tier 6. Acute problem or potential to damage, or damage to the POTW:
(1) Failure to report slug load discharge or spill with damage or adverse impact to the POTW;
(2) Illegal discharge, unauthorized discharge, spill or slug discharge that results in damage or adverse impact to the POTW (no evidence of intent or neglect);
(3) Discharge which interferes or adversely impacts the biological operations at the POTW; and
(4) Any other issue categorized as an acute problem by the city or that has the potential to damage or adversely impact the POTW.
(G) Tier 7. Violation of city permits or damage to the POTW, or severe matter:
(1) Illegal discharge, unauthorized discharge or slug discharge that may result in damage or adverse impact to the POTW (evidence of intent or neglect);
(2) Failure to comply with best management practices (BMPs) and Spill Control Plan requirements with damage or adverse impact to the POTW;
(3) Illegal discharge, unauthorized discharge or slug discharge that results in damage or an adverse impact to the POTW (evidence of intent or neglect);
(4) Discharge that causes harm to the collection system, its accessories and/or the wastewater treatment plant, or which causes an unpermitted city discharge;
(5) Falsification of sampling, monitoring or reporting requirements, including tampering with monitoring equipment;
(6) Any discharge which:
(a) Interferes with the operations of the POTW;
(b) Deteriorates the air or water quality associated with the POTW and pursuant to Chapter 52; and/or
(c) Deteriorates the sludge quality.
(7) Any discharge, violation of sampling, monitoring, reporting or other procedures which directly or indirectly:
(a) Contributes to a city violation of its NPDES, collection system or any other local, state or federally issued permit; and/or
(b) Causes interference, inhibition or pass through.
(8) Any other violation of city permits or damage/adverse impact to the POTW or severe matter, as determined by the city.
(Ord. passed 2-14-2022) Penalty, see § 55.99