(A) The determination of how and when to respond to noncompliance is established through compliance screening, enforcement evaluation and application of appropriate enforcement response procedures and mechanisms.
(B) It requires the evaluation of the user’s present compliance status and past compliance records to determine the appropriate enforcement response.
(1) Compliance screening.
(a) This involves reviewing all available information to sort out violations. This review assesses compliance with schedules, reporting requirements, pretreatment standards and requirements.
(b) The compliance screening process verifies that the reports are submitted on schedule, that they cover the proper time period, include all information required, and are properly signed. Also screened are the parameters reported, the number of measurements for each parameter, sampling procedures, the discharge concentration and completeness of other information contained in the self monitoring report.
(c) Additional compliance screening is performed by the control authority through compliance monitoring, facility inspections and review of self monitoring reports to assess compliance with pretreatment standards and requirements independent of information supplied by users.
(2) Compliance evaluation.
(a) When a violation of pretreatment standards or requirements is identified during compliance screening, it is evaluated to determine whether it is a noncompliance, technical review criteria or significant noncompliance violation.
(b) Nonsignificant violations are generally isolated violations of pretreatment standards or requirements that do not cause interference or pass through at the POTW, endanger the health of sewage treatment personnel or the public or damage the environment.
(c) Technical review criteria (TRC) violations indicate that a problem is occurring and a review of the current pretreatment process is warranted. This review should be used to identify any potential defects or needed changes which may have to be implemented to correct the problem.
(d) Significant noncompliance (SNC) violations (as defined in § 54.03) indicate that a problem is occurring repeatedly and a solution must be found to correct the problem. A corrective plan of action is required to correct the problem.
(e) Pursuant to the definition given for SNC, the control authority recognizes the following items as additional types of SNC violations:
1. When a violation continues after notifying the user to resolve the violation within a specified time frame or the violation is of a serious nature then it becomes a SNC violation; and
2. Failure to analyze listed pollutants according to an approved EPA procedure or an alternate analytical method approved by the Industrial Pretreatment Coordinator. The approved analytical method must have method detection limits (MDL) lower than set categorical or local limits, unless the user demonstrates matrix inhibition in the wastewater to the satisfaction of the Industrial Pretreatment Coordinator.
(f) In addition to the above compliance evaluation, the compliance history of the violation is considered for enforcement assessment.
(Res. 1998-10-18-B, passed 10-19-1998; Ord. 180, passed 12-21-1998)