NON-COMPLIANCE | NATURE OF THE VIOLATION | ENFORCEMENT RESPONSES | PERSONNEL |
NON-COMPLIANCE | NATURE OF THE VIOLATION | ENFORCEMENT RESPONSES | PERSONNEL |
1. Reporting violation | Report is improperly signed or certified | Phone call or NOV | PC |
Report is improperly signed or certified after notice by POTW | - AO - Show cause order | PC PC, S | |
Isolated, not significant (e.g., 5 days late) | Phone call; NOV | I, PC | |
Significant (e.g., report 30 days or more late) | AO to submit with fine per additional day | PC | |
Reports are always late or no reports at all | - AO with fine - Show cause order - Civil action | PC PC, S S | |
Failure to report spill or changed discharge (no harm) | NOV | PC | |
Failure to report spill or changed discharge (results in harm) | - AO with fine - Civil action | PC S | |
Repeated failure to report spills | - Show cause order - Terminate service | PC, S S | |
Falsification | - Criminal investigation - Terminate service | S S | |
2. Failure to monitor correctly | Failure to monitor all pollutants as required by permit | NOV or AO | PC |
Recurring failure to monitor | - AO with fine - Civil action | PC S | |
3. Improper sampling | Evidence of intent | - Criminal investigation - Terminate service | S S |
4. Failure to install monitoring equipment | Delay of less than 30 days | NOV | PC |
Delay of 30 days or more | AO to install with fine for each additional day | PC | |
Recurring, violation of AO | - Civil action - Criminal investigation - Terminate service | PC S S | |
5. Compliance Schedules (in permit) | Missed milestone by less than 30 days, or will not affect final milestone | NOV or AO with fine | PC |
Missed milestone by more than 30 days, or will affect final milestone (good cause for delay) | AO with fine | PC | |
Missed milestone by more than 30 days, or will affect final milestone (no good cause for delay) | - Show cause order - Civil action - Terminate service | PC, S S S | |
Recurring violation or violation of schedule in AO | - Civil action - Criminal investigation - Terminate service | S S S | |
(Ord. 91-9, passed 6-11-91; Am. Ord. 2015-12, passed 8-7-15)