Enforcement is considered for each violation or group of violations that meet the definition of significant noncompliance. The decision to pursue formal action is developed on the basis of nature of violation, pattern of repetition, user’s response to NOV and its efforts to obtain compliance. The control authority may require a show cause hearing associated with a civil penalty if the violations resulted in harm to the control authority personnel, facilities, or violated any federal, state or local regulations. The first step of formal enforcement may commence with an administrative order detailing milestones required to comply. The administrative order shall also include all records of violation and duration of its occurrence. All records are reviewed to assure that proper procedures were used to collect information and that all contacts with the user were recorded. If the user has received conflicting information regarding its compliance status, that status is clarified in writing. A special on-site review or inspection may be conducted to verify available data and review analytical test results to confirm the accuracy of the information contained in periodic reports.
(Res. 1998-10-18-B, passed 10-19-1998; Ord. 180, passed 12-21-1998)