932.40 ENFORCEMENT RESPONSE PLAN, INDUSTRIAL PRETREATMENT.
(a) Description of Terms.
NOV - Notice of Violation, requires a ten-day response time.
AO - Administrative Order, may include fines and/or penalties.
SCO - Show Cause Order, formal meeting requiring the industrial user to appear and demonstrate why the Control Authority should not take a proposed action against it. The meeting may serve also as a forum to discuss corrective action and compliance schedules.
CA - Civil Action, against the industrial user seeking equitable relief, monetary penalties and actual damages.
CI - Criminal Investigation, pursuing punitive measures against an individual and/or organization through a court of law.
TS - Termination of Service.
PC - Pretreatment Coordinator of the POTW.
S - Superintendent of the POTW.
IU - Industrial User.
(b) Significant Noncompliance. Instances of significant noncompliance (SNC) are violation(s) which meet one or more of the following criteria and apply to each permitted monitoring location:
(1) Violations of wastewater discharge limits.
A. For significant industrial users only, chronic violations. Sixty-six percent (66%) or more of the measurements exceed the same daily maximum limit or the same average limit or the same instantaneous limit in a six-month period (any magnitude of exceedance).
B. For significant industrial users only, Technical Review Criteria (TRC) violations. Thirty-three percent (33%) or more of the measurements exceed the same daily maximum limit or the same average limit or the same instantaneous limit by more than the TRC in a six-month period.
There are two groups of TRCs:
Group I for conventional pollutants TRC = 1.4
(BOD, TSS, fats, oil and grease)
Group II for all other pollutants TRC = 1.2
C. Any other violation(s) of an effluent limit (average or daily maximum or instantaneous), or of any other pretreatment standard or requirement (e.g., narrative limits) that the Control Authority believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through; or endangered the health of the sewage treatment personnel or the public.
D. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.
(Ord. 08-217. Passed 10-15-08.)
(2) Violations of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by ninety days or more after the schedule date. (Ord. 99-69. Passed 2-10-99.)
(3) Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, ninety-day compliance reports, and periodic reports) within forty-five days from the due date. (Ord. 06-37. Passed 2-15-06.)
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the Control Authority considers to be significant.
(c) Significant Violations. Instances of significant violations are violation(s) which meet one or more of the following criteria.
(1) A violation that remains uncorrected forty-five days after notification of noncompliance.
(2) A violation(s) that is part of a pattern of noncompliance over a twelve- month period.
(3) A violation(s) that involves a failure to accurately report noncompliance.
(4) A violation(s) that resulted in the POTW exercising its emergency authority under Section 403.8(f)(1)(vi)(B) of 40 Code of Federal Regulations.
(5) Any violation(s) that the Control Authority considers to be significant.
(Ord. 99-69. Passed 2-10-99.)
(d) Sampling, Monitoring and Reporting.
Noncompliance | Circumstances | Range of Response | Personnel | |
(1) |
Failure to sample, monitor or report (routine reports, BMR’s, BMP compliance reports). |
Isolated |
NOV
AO |
PC |
(2) | Failure to sample, monitor, report or notify. | Recurring ++ |
AO |
PC |
CA |
S | |||
CI |
S | |||
(3) | Failure to notify of effluent limit violation or slug load. | Isolated |
NOV |
PC |
AO |
PC | |||
(4) | Failure to notify of effluent limit violation or slug load. | Recurring ++ |
SCO |
S |
CA |
S | |||
(5) | Failure to notify of effluent limit violation or slug load | Harm to POTW or environment ++ |
CI |
S |
TS |
S | |||
(6) |
Minor sampling, monitoring or reporting deficiencies (computational or typographical errors). |
Isolated |
NOV |
PC |
(7) | Major sampling, monitoring, or reporting deficiencies (missing information, late reports). | Isolated |
NOV |
PC |
AO |
S | |||
(8) | Minor or major sampling, monitoring or reporting deficiencies (missing information, late reports). | Recurring ++ |
AO |
S |
CA |
S | |||
(e) Discharge Violation.
Noncompliance | Circumstances | Range of Response | Personnel | |
(1) |
Discharge without a permit or approval |
IU unaware of requirement. No harm to POTW or environment. |
NOV |
PC |
(2) | Discharge without a permit or approval. | IU unaware of requirement. Harm to POTW or environment ++ |
AO |
PC |
CA |
S | |||
(3) | Discharge without a permit or approval. | Recurring ++ |
CA |
S |
CI |
S | |||
TS |
S | |||
(4) | Exceeding interim limits. | Isolated |
NOV |
PC |
AO |
PC | |||
(5) | Exceeding interim limits. | Recurring ++ |
AO |
PC |
CA |
S | |||
(6) | Exceeding interim limits. | Harm to POTW or environment ++ |
CI |
S |
TS |
S | |||
(7) | Reported slug load. | Isolated |
NOV |
PC |
AO |
PC | |||
(8) | Reported slug load. | Recurring ++ |
AO |
PC |
CA |
S | |||
(9) | Reported slug load. | Harm to POTW or environment ++ |
CI |
S |
TS |
S | |||
(10) |
Exceeding final limits. |
Isolated, not significant |
NOV |
PC |
(11) |
Exceeding final limits. |
Isolated, significant ++ |
AO |
PC |
(12) | Exceeding final limits. | Isolated, harm to POTW or environment ++ |
SCO |
S |
CA |
S | |||
(13) |
Exceeding final limits. |
Recurring, not significant ++ |
AO |
PC |
(14) | Exceeding final limits. | Recurring,significant ++ |
AO |
PC |
SCO |
PC | |||
(15) | Exceeding final limits | Recurring, harm to POTW or environment ++ |
CI |
S |
TS |
S | |||
(f) Violations Detected Through Inspections or Field Investigations.
Noncompliance | Circumstances | Range of Response | Personnel | |
(1) |
Minor violation of analytical procedures. |
Any instance |
NOV |
PC |
(2) | Major violation of analytical procedures. | No evidence of intent |
NOV |
PC |
AO |
PC | |||
(3) | Major violation of analytical procedures. | Evidence of intent or negligence ++ |
AO |
PC |
CA |
S | |||
(4) |
Minor violation of permit conditions. |
Any instance. |
NOV |
PC |
(5) | Major violation of permit conditions. | No evidence of intent. |
NOV |
PC |
AO |
PC | |||
(6) | Minor violation of permit conditions. | Evidence of intent or negligence ++ |
AO |
PC |
TS |
S | |||
(7) | Major violaiton of permit conditions. | Evidence of intent or negligence ++ |
CI |
S |
TS |
S | |||
(8) |
Entry denial. |
Entry denied or consent withdrawn, copies of records denied ++ |
Obtain warrant and return to Industrial User (IU) |
PC |
(g) Violations of Compliance Schedules.
Noncompliance | Circumstances | Range of Response | Personnel | |
(1) | Reporting false information. | Any instance ++ |
CA |
S |
CI |
S | |||
TS |
S | |||
(2) |
Missed interim date. |
Will not cause late date or other interim date. |
NOV |
PC |
(3) | Missed interim date. | Will result in other missed interim dates, violation for good or valid cause |
NOV |
PC |
AO |
PC | |||
(4) | Missed interim date. | Will result in other missed interim dates, violation for no good or valid cause ++ |
AO |
PC |
CA |
PC | |||
(5) |
Missed final date. |
Violation with good or valid cause |
SCO |
PC |
(6) | Missed final date. | Violation for no good or valid cause ++ |
AO |
PC |
CA |
S | |||
(7) |
Failure to install monitoring equipment. |
Delay of less than 30 days |
NOV |
PC |
(8) |
Failure to install monitoring equipment. |
Delay of more than 30 days ++ |
AO |
PC |
(9) | Failure to install monitoring equipment | Recurring ++ |
CA |
S |
CI |
S | |||
TS |
S | |||
(Ord. 99-69. Passed 2-10-99; Ord. 08-217. Passed 10-15-08.)