APPENDIX B: LOCAL MODEL ENFORCEMENT CHART

   Items in bold are strongly recommended as absolute minimum actions.

 

Type of Violation	POTW Action	Time Frame	Responsible Official	Expected Action From User	Escalated Action if Needed
Un-Permitted Discharges
Un-permitted discharge unaware of requirement	Notice of violation	Within 14 days of discovery of discharge	Pretreatment Coordinator	File permit application	Suspend service until permit is issued
Un-permitted discharge aware of requirement	Notice of violation with penalty assessed	Within 30 days of discovery of discharge	Director	File permit application	Suspended service until permit is issued
Un-permitted discharge results in NPDES violation	Order to cease process causing violation notice of violation with recommended minimum of $1,000 and up to $25,000/day per violation penalty	Order to cease immediately notice of violation within 7 days	Director	File permit application steps taken to avoid violation	Suspended service until permit is issued
Un-permitted discharge results in endangerment	Suspended service notice of violation with recommended minimum of $1,000 and up to $25,000/day per violation penalty	Suspended service immediately notice of violation within 7 days	Director	File permit application steps taken to avoid future endanger- ment

 

 

Type of Violation	POTW Action	Time Frame	Responsible Official	Expected Action From User	Escalated Action if Needed
Permit Limits Violations
Permit limits violation single event minor	Notice of noncompliance or notice of violation with $0 to $25,000 penalty	Within 14 days of receiving data (once in each 6 month period)	Pretreatment Coordinator	Conduct additional monitoring and return to compliance	Notice of violation with penalty
Permit limits violation technical review criteria (TRC)	Notice of violation with $0 to $25,000 penalty	Within 14 days of receiving date (once in each 6 month period)	Pretreatment Coordinator	Conduct additional monitoring and return to compliance	Second notice of violation with increased penalty
Permit limits violation significant noncompliance	Notice of violation with $0 to $25,000 penalty	Within 30 days of receiving all the data	Pretreatment Coordinator	Report cause of non- compliance and steps taken to prevent violation	Enforceable schedule (AO) if not resolved by the end of the 2nd 6 month period
Permit limits violation causes NPDES violation	Order to cease process causing violation notice of violation with recommended minimum of $1,000 and up to $25,000/day per violation penalty	Order to cease immediately notice of violation within 7 days of discovering violation (once in each 6 month period)	Director	Report cause of non- compliance and steps taken to prevent violation	Suspended service until resolved enforceable schedule (AO) if not resolved by the end of the 2nd 6 month period
Permit limits violation causes endangerment	Suspend service notice of violation with a recommended minimum of $1,000 and up to $25,000/day per violation penalty	Suspend service immediately notice of violation within 7 days	Director	File for re- issuance of permit

 

Type of Violation	POTW Action	Time Frame	Responsible Official	Expected Action From User	Escalated Action if Needed
Other Violations
Self monitoring violations	Notice of violation with recommended minimum penalty equal or greater than cost of missed testing	Within 14 days of discovering (once in each 6 month period)	Pretreatment Coordinator	Conduct missed sampling	Second notice of violation with penalty equal to twice cost of missed testing
Reporting violations late report	Notice of violation noncompliance	Within 14 days of report due date (one in each 6 month period)	Pretreatment Coordinator	Submit report	Notice of violation penalty assessed possible SNC if over 30 days
Reporting violations incomplete or inaccurate reports	Notice of noncompliance	Within 30 days of report submission (one in each 6 month period)	Pretreatment Coordinator	Submit revised report	Notice of violation penalty assessed
Reporting violations intentional falsification	Referred to District Attorney	As soon as suspected	Director
Violation of permit conditions	Notice of violation with penalty up to $25,000 per day per violation	Within 30 days of discovery (once in each 6 month period)	Pretreatment Coordinator or Director	Varies	Second notice of violation with increased penalty
Violation of permit conditions (endangerment)	Suspended service notice of violation with up to $25,000/day per violation penalty	Suspend service immediately notice of violation within 7 days	Director	Steps taken to avoid reoccurrence
Violations of enforcement order conditions or limits	Notice of violation assess stipulated penalty and actions listed for same type in ERP	Within time frame 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 possible revocation of order

 

 

Type of Violation	POTW Action	Time Frame	Responsible Official	Expected Action From User	Escalated Action if Needed
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	Notice of violation and assess stipulated penalties	Within 14 days of discovery	Director	Document compliance	Possible termination of service

 

(Ord. passed 11-3-2008)