§ 54.112 ENFORCEMENT RESPONSE GUIDE.

   (A)   Enforcement Response Guide. The Enforcement Response Guide (ERG) designates several enforcement options for each type (or pattern) of noncompliance. The intent of the ERG is to provide direction for appropriate enforcement response and to ensure consistent enforcement for similar violations and circumstances. Factors that will be revaluated when determining the appropriate response are as follows:

      (1)   Good faith of the user;

      (2)   Compliance history of the user;

      (3)   Previous success of the enforcement actions against the user (e.g. if historically NOVs have not been effective in returning the user to compliance in a reasonable period of time, an administrative order would be a more appropriate response.);

      (4)   Violations effect on the environment and/or public health; and

      (5)   Violations effect on the POTW.

   (B)   Violations resulting in significant noncompliance. Any violation that results in significant noncompliance (SNC) will be addressed through formal enforcement action regardless of the enforcement response otherwise dictated by the enforcement response guide. The minimum level of enforcement used to address SNC is an AO.

   (C)   Escalating enforcement response. Escalating enforcement response will be used for recurring violations and failure to achieve compliance subsequent to informal or formal enforcement. A recurring violation is one in which the same type of violation occurs on consecutive reporting periods, the violation occurs seasonally, or any other pattern of noncompliance is shown.

   (D)   Violations falling under more than one category. Violations that fall under more than one category in the enforcement response guide will be addressed through the more severe enforcement response. All alleged violations will be included in the more severe response.

   (E)   Timeframes for enforcement responses.

      (1)   All violations will be identified and documented within five days of receiving compliance information.

      (2)   Initial enforcement responses (informal or formal) will occur within 15 days of identifying a violation.

      (3)   Follow up actions for continuing or recurring violations will be taken within 60 days of the initial enforcement response.

      (4)   Violations which threaten health, property or environmental quality are considered emergencies and will receive immediate response such as halting the discharge or termination service. All violations meeting the criteria for significant noncompliance will be addressed through formal enforcement within 30 days of the identifications of significant noncompliance.

Cause	Type of Noncompliance	Circumstances	Type of Enforcement
Unauthorized	Discharge without a permit	IU unaware of requirement	NOV with application form
		No harm to POTW or environment
	Failure to submit permit application with intent of discharge	IU has not submitted application within 10 days of due date	Phone call
			Warning letter
		IU has not submitted application after notice by the POTW	NOV; AO
		Failure ta submit application	Refer to discharge without permit
	Unauthorized discharge through manhole, septic only receiving station, car wash, etc.	No harm to POTW or environment	NOV; AO; AO with fine; civil action criminal investigation
		Harm to POTW or environment	AO with fine; civil action; criminal investigation

 

Cause	Type of Noncompliance	Circumstances	Type of Enforcement
Unauthorized		Recurring	Criminal investigation
	Permitted user discharging waste not authorized by permit	No harm to POTW or environment	NOV; AO; AO with fine; civil action criminal investigation
		Harm to POTW or environment	AO with fine; civil action; criminal investigation
		Recurring	Criminal investigation
Discharge Limit	Exceedence of discharge limitation or prohibition in permit or local legal authority	Results in SNC	AO; AO with fine; civil action
			Termination of service
Reporting Violations	Document is Improperly Signed or Certified	Isolated incident	Phone call; WL; NOV
		Previous notice by POTW	NOV: AO; AO with fine
	Incomplete or inaccurate document	Isolated incident	Phone call; WL; NOV
		Recurring problem	AO; AO with fine
	Document is late	5 days to 29 days	Phone call; WL; NOv
		30 days or more	AO; AO with fine
		Documents are repeatedly late	AO with fine; civil action
	Failure to report violation, spill/slug or changed discharge	No actual or potential harm to POTW or environment	NOV; AO
		Actual or potential harm to POTW	AO with fine; civil action
		Recurring problem	AO with fine; civil action; terminate service

 

Cause	Type of Noncompliance	Circumstances	Type of Enforcement
Reporting Violations	Failure to report additional monitoring	Isolated incident	Phone call; WL; NOV
		Recurring	AO; AO with fine
	Falsification of information or data	Any instance	Criminal investigation; terminate service
Sampling Violations	Failure to monitor for all required parameters	Isolated	Phone call; WL; NOV
		Recurring	AO; AO with fine; civil action
	Improper sampling handling/analytical procedures	Isolated	Phone call; WL; NOV
		Recurring	NOV; AO; AO with fine
	Failure to resample within required time frame	Isolated	Phone call; WL; NOV
		Prior notification from CA	AO with fine
		Recurring	AO; AO with fine
	Failure to install monitoring equipment sampling points	Delay less than 30 days	NOV
		Delay greater than 30 days	Ao with fine; civil action
	Tampers with monitoring equipment or sample	Any incident	Criminal investigation; termination of discharge
	Sampling at incorrect location	Isolated incident	NOV
		Recurring	AO with fine; civil action; criminal investigation

 

Cause	Type of Noncompliance	Circumstances	Type of Enforcement
Compliance Schedules	Missed milestone	Less than 30 days late or will not affect final compliance date	NOV; AO
	Not in compliance as of final compliance date	Less than 30 days late	NOV; AO
		Greater than 30 days late	AO; AO with fine
		Greater than 30 days late reasonable cause for delay	Show cause order; civil action; termination of discharge
Inadequate Records	Files incomplete or missing (no evidence of intent)	Isolated	NOV
		Recurring	AO; AO with fine
Other Violations	Entry denied or consent withdrawn	Any instance	Obtain warrant and return to IU

 

(Ord. 948, passed 1-3-2006)