(A) Violations and discrepancies identified during compliance screening and compliance evaluation are reviewed to determine the type of enforcement response needed. The control authority’s pretreatment program requires an enforcement response plan to provide uniform enforcement responses to pretreatment violations or discrepancies. The response guide identifies types of responses that are appropriate, based on the nature of the violation (i.e., effluent-daily maximum, instantaneous maximum, weekly average or monthly average limit; reporting late or deficient; compliance schedule beginning or completion date); duration of the violation (i.e., single incident or recurring); the potential impact of the violation (i.e., interference, pass through or POTW worker safety). It also specifies the enforcement response time frame and identifies the control authority’s personnel authorized to initiate such an enforcement response.
(B) When compliance screening and compliance evaluation has been completed, the enforcement response prescribed in the control authority’s enforcement response plan will be applicable to the instance of noncompliance. The prescribed responses will be implemented as follows:
(1) (a) If the user is in violation of its wastewater discharge limits, the user shall notify the Industrial Pretreatment Coordinator within 24 hours of becoming aware of the violation. The user shall repeat the sampling within 96 hours and shall submit the analytical results in writing within 30 days of becoming aware of the violation.
(b) Where the user believes the first reported result(s) indicating a violation may be in error, the user may submit additional data to support its position with the repeat sampling results. If supported, no further action shall be required.
(c) Where the repeat sampling results show a return to compliance and no further violation is identified during the 30-day period, no further action on the initial violation may be necessary.
(d) 1. Where the user believes its facility continues in violation of its wastewater discharge permit, the user shall notify the Industrial Pretreatment Coordinator, and the 96 hours repeat sampling requirement may commence at the point the user believes its facility has returned to compliance provided that the results of the repeat sampling are submitted within 30 days of the discovery of the original violation.
2. The user shall be considered in noncompliance with pretreatment requirements.
(2) If the user is in noncompliance with pretreatment standards or requirements, the user is notified with a notice of violation.
(3) (a) The notice of violation (NOV) is the first response to notify the user of the need to comply with the control authority’s wastewater discharge limits.
(b) It states the violation of the user permit, requires a plan for implementing a corrective action, an explanation of the violation and a response in writing with a specific time frame.
(4) If the violation persists, was deliberate, or the explanation of the violation or the plan of corrective action is inadequate, and significant noncompliance criteria is met, enforcement action may be escalated. Enforcement includes consent orders, show cause hearings, compliance orders, cease and desist orders and/or administrative fine(s) which may escalate to civil penalties. There may also be emergency suspensions of sewer service, termination of discharges, as well as judicial remedies by way of injunctive relief civil penalties and/or criminal prosecution. Supplemental enforcement actions may include performance bonds, liability insurance and requesting that proceeding be brought pursuant to public nuisance laws.
(5) If user is in violation of other control authority administration requirements that are not listed in the definition of SNC, no further action on the initial violation will be taken as long as the violation does not cause the control authority to incur regulatory agency sanctions and the user complies with an administrative order.
(C) All enforcement responses and civil penalties will be issued and imposed pursuant to the provisions of this Chapter 54.
(D) (1) All enforcement responses and user’s responses are recorded on a violation summary log.
(2) The violation summary log catalogues the date of the enforcement action, the date of the user’s response and provides a narrative of the enforcement action taken as well as the user’s response.
(Res. 1998-10-18-B, passed 10-19-1998; Ord. 180, passed 12-21-1998)