(A) Informal notice.
(1) Verbal notification. Verbal notifications by telephone or in person provide an immediate notification of violations. In general, verbal notifications are used for minor isolated violations or as an initial step leading to an escalated enforcement response. All verbal notifications related to enforcement or the investigation of suspected violations are documented in writing and placed in the respective industrial user file.
(2) Warning letters. Warning letters are issued under the same circumstances as verbal notifications. They may be issued as follow-up letters to verbal notifications or in lieu of verbal notifications.
(B) Informal meeting. An informal meeting is used to gather information concerning noncompliance, discuss steps to alleviate noncompliance, and determine the commitment level of the industrial user. All informal meetings are documented in the city files.
(C) Notice of violation. A Notice of Violation (NOV) is a written notice to the noncompliant industrial user that a pretreatment violation has occurred. A NOV includes a statement detailing the legal authority under which the control authority issued the NOV, a description of the violations(s) occurred. The NOV requires a response from the industrial user that details the causes of the violation(s), and the corrective actions taken to correct the violation and prevent similar violations from occurring. In general, NOVs are considered to be more stringent enforcement responses than warning letters.
(D) Administrative order. Administrative Orders (AOs) are enforcement documents that direct industrial users to undertake and/or to cease specified activities by specified deadlines. The terms of an AO may or may not be negotiated with industrial users. AOs may incorporate compliance schedules, administrative penalties, termination of service and show cause orders. An administrative order is the minimum level of enforcement used to address significant noncompliance.
(E) Show cause hearing. A show cause hearing is a formal meeting requiring the industrial users to appear, explain its noncompliance, and show cause as to why more severe enforcement actions against the user should not go forward. The meeting may also serve as a forum to discuss corrective action and compliance schedules.
(F) Termination of service. Termination of service is the revocation of an industrial users privilege to discharge nondomestic wastewater into the sewer system. Termination of service is used when the discharge from an industrial user presents imminent endangerment to the health or welfare of persons, or the environment, or threatens to interfere with the POTWs operations or as an escalating enforcement action to a significant violation when a noncompliant industrial user fails to respond adequately to previous enforcement actions. Termination of service may be accomplished by physical severance of the industrial users connection to the collection system, issuance of an AO (cease and desist order) which compels the IU to immediately terminate its discharge, revocation of the IUs discharge permit, or a court ruling.
(G) Administrative fines. An administrative fine is a punitive monetary charge assessed by the control authority rather than a court. The penalty authority must be authorized in the POTWs local legal authority. The purpose of the fine is to recover the economic benefit of noncompliance and to deter future violations. When assessing an administrative fine the following factors are considered:
(1) Type and severity of the violation;
(2) Number of violations cited;
(3) Duration of noncompliance;
(4) Impact of the violation on the receiving water, sludge quality, and POTW operation;
(5) Whether the violation threatened public health;
(6) The economic benefit or savings the industrial user gained from the noncompliance;
(7) Compliance history of the industrial user; and
(8) Whether the industrial user is making a good faith effort to comply.
(H) Civil litigation. Civil litigation is the formal process whereby the control authority files a lawsuit against the industrial user POTW for the noncompliance. Civil litigation also includes enforcement measures which require involvement or approval of the court, such as injunctive relief.
(I) Referral to EPA or the state. Where a POTW does not rely on criminal prosecution for its enforcement authority, referral to the state or EPA may be made. For violations that may warrant criminal prosecution, the control authority will refer the case to EPA or the state for further action. Circumstances that trigger EPA or state referrals include evidence of willfulness, evidence of negligence, and bad faith shown by the industrial user.
(Ord. 948, passed 1-3-2006)