A. General Responsibilities:
1. Purpose: The purpose of this enforcement response plan is to establish general responsibilities for enforcement of this chapter. It is the intention of the Wastewater Department to move quickly and responsibly in all enforcement actions. The following guidelines will help ensure that issues requiring enforcement are handled fairly and uniformly for all facilities.
2. Interceptor Inspectors: Inspectors will be responsible for conducting compliance monitoring and facility inspections. Inspectors will:
a. Conduct outreach and educational activities with users;
b. Check grease control device maintenance records;
c. Determine compliance with this chapter through on-site inspections and prepare inspection reports;
d. Provide compliance assistance as appropriate;
e. Identify instances of non-compliance;
f. Issue notices of non-compliance;
g. Prepare notices of violation (NOV) for issuance by the Wastewater Department;
h. Develop draft compliance inspection schedules; and
i. Participate in show cause meetings as deemed necessary by the WWTP Superintendent or City Attorney, as the case may be.
3. Interceptor Compliance Administrator Or Designee: The Interceptor Compliance Administrator or designee will be responsible for ensuring fair and consistent implementation of interceptor control requirements are in compliance with requirements of this chapter. The Administrator or designee will:
a. Review all violations;
b. Review all documents prepared by inspectors;
c. Recommend appropriate response(s) to violations;
d. Promptly notify the WWTP Superintendent of significant instances of non-compliance;
e. Conduct compliance meetings;
f. Develop and oversee compliance monitoring schedules;
g. Track enforcement compliance schedules;
h. Ensure consistency of the interceptor control program;
i. Initiate administrative orders with compliance schedules;
j. Initiate terminations of service;
k. Consult with City Attorney on all legal issues;
l. Coordinate enforcement with other governmental agencies as appropriate; and
m. Sign notices of violation.
4. WWTP Superintendent: The WWTP Superintendent will be responsible for the appropriate application of enforcement standards to interceptor control plan violations. The WWTP Superintendent will:
a. Conduct appeals of enforcement actions;
b. Approve terminations of service; and
c. Sign administrative orders.
5. City Attorney: The City Attorney's office will:
a. Provide such legal assistance as deemed appropriate.
B. Enforcement Actions:
1. Compliance Assistance: The inspectors will assist any facility in achieving compliance with this chapter. The assistance may include, but is not limited to, providing information about training opportunities, providing copies of the regulations applicable to the establishment, assistance with the interceptor registration applications or distribution of training materials for employees.
2. Notice Of Non-Compliance: This is an informal notice to the facility, issued at the time of the inspection, advising of corrections that need to be made in order to comply with this chapter.
3. Notice Of Violation: This is a formal written notice to the facility that it has committed a violation of this chapter. The NOV will require corrective actions within a specified time frame to achieve compliance. The text of the NOV will include a statement that additional enforcement actions may be pursued if corrective actions are not achieved as required.
4. Administrative Order: The City may issue an administrative order requiring a facility to comply with requirements of this chapter. The facility shall adhere to the compliance schedule in accordance with the administrative order.
5. Termination Or Suspension Of Service: The City may terminate or suspend service to a facility to prevent any actual or threatened discharge to the sewer system that may endanger the public health or cause damage to the sewer system.
C. Appeal Process: A facility may appeal any enforcement action to the WWTP Superintendent. Such appeal shall be requested in writing no later than five (5) business days after receipt of notice of the enforcement action. The WWTP Superintendent shall conduct a hearing as soon as practicable but no later than thirty (30) business days after receipt of request of appeal.
D. Compliance Schedules And Appropriate Response:
1. Compliance Schedule: The compliance schedule will be based upon the violation and will be initiated by the Interceptor Compliance Administrator or designee.
2. Selecting Appropriate Response: The following factors should be taken into consideration when determining the appropriate enforcement action and compliance schedule:
a. Duration of the violation;
b. Compliance history of the facility;
c. Actual or potential danger to public health;
d. Actual or potential damage to the sewer system; and
e. Other appropriate factors. (Ord. 2021-622, 9-2-2021)