§ 53.129 ENFORCEMENT RESPONSE GUIDE.

   The following is the Enforcement Response Guide of the city:

 

Noncompliance	Nature of the Violation	Enforcement Responses	Personnel
Unpermitted discharge	IU unaware of requirements; no harm to POTW/environment	Phone call; NOV with application form	PC, SS, GM
	IU unaware of requirement	Fine and cost recovery	PC, SS, GM
	Harm to POTW	Civil action	GM
	Failure to apply continues after notice by the POTW	Civil action; fine; criminal investigation; terminate service	GM

Noncompliance	Nature of the Violation	Enforcement Responses	Personnel
Nonpermitted discharge (failure to renew)	IU has not submitted application within 10 days of due date	Phone call; NOV	PC, SS, GM
Discharge Limit Violation
Exceedance of local or federal standard (permit limit)	Isolated not significant	Phone call; NOV	PC, SS, GM
	Isolated, significant (no harm)	First offense-NOV; Second offense-develop spill prevent plan; fine	PC, SS, GM
	Isolated, harm to POTW or environment	NOV; fine and cost recovery	PC, SS, GM
		Civil action	GM
	Recurring, no harm to POTW/environment	NOV with fine	PC, SS, GM
	Recurring, significant (harm)	NOV with fine	PC, SS, GM
		Civil action	GM
		Terminate services	GM
Monitoring and Reporting Violations
Reporting violation	Report is improperly signed or certified	Phone call or NOV	PC, SS, GM
	Reporting is improperly signed or certified after notice by POTW	NOV; fine	PC, SS, GM
	Isolated, not significant (e.g., five days later)	Phone call; NOV	PC, SS, GM
	Significant (e.g., report 30 days or more late)	NOV; fine	PC, SS, GM

Noncompliance	Nature of the Violation	Enforcement Responses	Personnel
	Reports are always late or no reports at all	NOV; fine	PC, SS, GM
		Civil action	GM
	Failure to report spill or changed discharge (no harm)	NOV	PC, SS, GM
	Failure to report spill or change discharge (results in harm)	NOV with fine	PC, SS, GM
		Civil action	GM
	Repeated failure to report spills	NOV; fine; terminate service	PC, SS, GM
	Falsification	Criminal investigation	GM
		Terminate service	GM
Failure to monitor	Failure to monitor all pollutants as required by permit	NOV	PC, SS, GM
	Recurring failure to monitor	NOV with fine	PC, SS, GM
		Civil action	GM
Improper sampling	Evidence of intent	Criminal investigation	GM
		Terminate service	GM
Failure to install monitoring equipment	Delay of less than 30 days	NOV	PC, SS, GM
	Delay of 30 days or more	NOV to install with fine for each additional day	PC, SS, GM
	Recurring	Civil action	GM
		Criminal investigation	GM
		Terminate service	GM

Noncompliance	Nature of the Violation	Enforcement Responses	Personnel
Compliance schedules (in permit)	Missed milestone by less than 30 days, or will not affect final milestone	NOV; fine	PC, SS, GM
	Missed milestone by more than 30 days, or will affect final milestone (good cause for delay)	NOV; fine	PC, SS, GM
	Missed milestone by more than 30 days, or will affect final milestone (no good cause for delay)	NOV; fine	PC, SS, GM
		Civil action	GM
		Terminate service	GM
	Recurring violation	Civil action	GM
		Criminal investigation	GM
		Terminate service	GM
Other Permit Violations
Wastestreams are diluted in lieu of treatment	Initial violation	NOV; fine	PC, SS, GM
	Recurring	NOV with fine	PC, SS, GM
		Terminate service	GM
Failure to mitigate noncompliance or halt production	Does NOT result in harm	NOV	PC, SS, GM
	DOES result in harm	NOV with fine	PC, SS, GM
		Civil action	GM

Noncompliance	Nature of the Violation	Enforcement Responses	Personnel
Failure to properly operate and maintain pretreatment facility	See failure to mitigate noncompliance or halt production above
Violation Detected During Site Visits
Entry denial	Entry denied or consent withdrawn; copies of records denied	Obtain warrant and return to IU; NOV with fine; terminate services	PC, SS, GM
Illegal discharge	No harm to POTW or environment	NOV; fine	PC, SS, GM
	Discharges causes harm or evidence of intent/negligence	Civil action	GM
		Criminal investigation	GM
	Recurring, violation of agreed schedule	Terminate service	GM
Improper sampling	Unintentional sampling at incorrect location	Phone call; NOV	PC, SS, GM
	Unintentionally using incorrect sample type	Phone call; NOV	PC, SS, GM
	Unintentionally using incorrect sample collection techniques	Phone call; NOV	PC, SS, GM
Inadequate recordkeeping	Inspector finds files incomplete to missing (no evidence of intent)	NOV	PC, SS, GM
	Recurring	NOV with fine	PC, SS, GM

 

Noncompliance	Nature of the Violation	Enforcement Responses	Personnel
Failure to report additional monitoring	Inspection finds additional files	NOV	PC, SS, GM
	Recurring	NOV with fine	PC, SS, GM
UNAUTHORIZED DISCHARGES (no permit)    PC = Pretreatment Coordinator    GM = General Manager    SS = Superintendent of Sanitary Sewers

 

(Ord. 95-08, passed 3-7-95; Am. Ord. 11-30, passed 12-13-11; Am. Ord. 13-25, passed 11-12-13)