A. Grounds for Initiating Sampling and Evaluation (S & E) Programs. In addition to those grounds set forth in Section 13.05.200, Administration – Monitoring, grounds for instituting an S & E program include compliance sampling having indicated a significant noncompliance (SNC). The S & E program may consist of daily required sampling of the user's for up to five days. The city or outside laboratory will analyze these samples for the violating constituents and provide notice to the user of the results of the sampling. Violations, which may occur during the S & E program, shall constitute violations under this chapter or under any applicable law.
B. S & E Program Revealing Noncompliance. If the S & E program reveals noncompliance by the user with the prohibitions or specific pollutant limitations specified in this chapter or in the user's permit:
1. The user may be assessed all costs incurred during the S & E program for sampling and analysis, including labor, equipment, materials, outside services, and overhead.
2. The city may place the user on a compliance schedule or undertake another S & E program. The compliance schedule shall provide for minimum required actions to be undertaken by the discharger and a schedule for completion of the actions. The compliance schedule may include interim constituent maximum level. All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates shall constitute violations of this chapter and other applicable laws. Each day a discharger fails to meet a schedule date shall constitute a separate violation. Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional S & E program.
3. The city may amend an existing permit through an enforcement schedule agreement (ESCA). This may be done after consultation with the user, if the user has made good faith attempts to comply but requires additional time for construction and/or acquisition of equipment related to pretreatment. The permit may be amended with the ESCA for one hundred eighty days; however this period may be extended for another one hundred eighty days upon determination by the director of public works that good cause exists.
4. Any other enforcement mechanism set forth in this chapter or other applicable law may be commenced.
C. Continued Noncompliance After S & E Program or ESCA. If a user remains in noncompliance because corrective action is not taken within a reasonable time after completion of S & E program or the expiration of an ESCA, an administrative order may be issued. Any of the other enforcement mechanisms set forth in this chapter or applicable laws may also be commenced. (Ord. 01-102 § 2(part), 2001).