Violation
|
Time Frame Within
|
Enforcement Response
| |||
---|---|---|---|---|---|
Discharge Violation/Unpermitted
| |||||
1.
|
SUO discharge limit violation, unaware of requirements, no harm
to POTW or environment
|
7 days
|
a.
|
NOV
Copy of SUO permit application or compliance order
| |
No response to enforcement response a.
|
15 days
|
b.
|
Cease and desist order
Fine of $300 per day per violation
| ||
No response to enforcement response b.
|
60 days
|
c.
|
Termination of water and sewer services
| ||
2.
|
SUO discharge limit violation, unaware of requirements, harm
to POTW or environment
|
1 day
|
a.
|
Investigate
NOV
Cease and desist order
| |
No response to enforcement response a.
|
7 days
|
b.
|
Fine of $1,000 per day per violation
Termination of water and sewer services
| ||
3.
|
SUO discharge limit violation, aware of requirements, no harm
to POTW or environment
|
7 days
|
a.
|
Investigate
NOV
Fine of $300 per day per violation
| |
4.
|
SUO discharge limit violation, aware of requirements, harm to
POTW or environment
|
1 day
|
a.
|
Investigate
NOV
Cease and desist order
Fine of $1,000 per day per violation
| |
No response to enforcement response a.
|
7 days
|
b.
|
Termination of water and sewer services
| ||
5.
|
SUO discharge limit violation, no harm to POTW or environment,
recurring after response 3a. has been enforced
|
21 days
|
a.
|
Second NOV
Compliance order
Fine of $500 per day per violation
| |
6.
|
SUO discharge limit violation, failure to comply with previous
enforcement response, evidence of intent or negligence
|
30 days from second NOV
|
a.
|
Terminate water and sewer services
Fine of $1,000 per day per violation
Criminal investigation and penalties
| |
b.
|
If it was the intent of the violator to gain economic benefit
from the violation, then a fine representing the approximate economic
benefit to the violator shall be imposed
| ||||
Discharge Permit Violations
| |||||
1.
|
Permit limit violations insignificant, infrequent or isolated
|
2 days
|
a.
|
Phone call and/or NOV
Resample by pretreatment program or industry to determine if
the violation is isolated or part of a pattern of noncompliance
| |
2.
|
Permit limit violations isolated, infrequent but significant,
no harm to POTW or environment
|
2 days
|
a.
|
NOV and phone call
Investigate cause and methods to prevent violation from recurring
and implement these methods
| |
3.
|
Permit limit violations isolated, infrequent but significant,
causing harm to POTW or environment
|
1 day
|
a.
|
NSNC and phone call
Investigate
AO
Fine of at least $1,000 or compensation for cleanup, repair
or other expenses caused by the violation, whichever is greater
| |
4.
|
Permit limit violations recurring, no harm to POTW or environment
|
30 days from third NOV for the same violation
|
a.
|
NSNC and compliance schedule
| |
No response to enforcement response a.
|
21 days from first NSNC
|
b.
|
Second NSNC
Fine of $300 per day per violation
| ||
No response to enforcement response b.
|
15 days from second NSNC
|
c.
|
AO
| ||
No response to enforcement response c.
|
21 days from AO
|
d.
|
Criminal investigation
Fine of $1,000 per day per violation
Terminate water and sewer service
| ||
5.
|
Permit limit violations recurring, harm to POTW or environment
|
1 day
|
a.
|
NSNC and phone call
Cease and desist order
$1,000 fine per violation per day and compensation for cleanup,
repair or other expenses caused by the violation
Immediate termination of water and sewer service until compliance
with permit limits can be restored
AO
| |
6.
|
Unreported slug load, no interference, pass-through or damage
|
2 days
|
a.
|
NSNC and phone call
| |
7.
|
Unreported slug load, interference, pass-through or damage
|
1 day
|
a.
|
Investigate
AO and NSNC
Fine of at least $1,000 and compensation for cleanup, repair
or other expenses caused by the slug load
Termination of water and sewer service until compliance is restored
| |
8.
|
Reported slug load, isolated, infrequent, no interference, pass-through
or damage
|
7 days
|
a.
|
Investigate
NOV or phone call
| |
9.
|
Reported slug load, isolated, infrequent, with known interference,
pass-through or damage
|
1 day
|
a.
|
Investigate
AO and NSNC
Fine of at least $1,000 and compensation for cleanup, repair
or other expenses caused by the slug load
| |
10.
|
Reported slug load, frequent, recurrence, any instance
|
1 day
|
a.
|
AO
Fine of $500 per occurrence
| |
11.
|
Unreported pretreatment bypass, emergency, unscheduled, equipment
or maintenance
|
7 days
|
a.
|
NOV and/or phone call
Compliance meeting
| |
12.
|
Unreported pretreatment bypass, evidence of negligence or intent
|
2 days
|
a.
|
Notice to show cause
AO and NSNC
Fine of at least $1,000, or, if bypass is proven to have benefited
the industry financially, the fine can be as much as the economic
benefit to the industry
| |
Reporting Violations
| |||||
1.
|
Self-monitoring, progress, compliance, etc., reports not submitted
on time
|
1 day
|
a.
|
Phone call, NOV if necessary
| |
Self-monitoring report not submitted by due date given during
phone call (a.)
|
2 days
|
b.
|
NOV
| ||
Failure to respond to NOV (b.)
|
15 days
|
c.
|
NSNC
Fine of $300 per day from due date of report until date report
is received
| ||
2.
|
Self-monitoring report does not include all parameters scheduled
to be sampled for in permit
|
1 day
|
a.
|
Phone call
Order to sample for missed parameters during the next scheduled
sampling event
| |
3.
|
Self-monitoring report does not include all required items (chain
of custody, flow figures, lab report, etc.)
|
1 day
|
a.
|
Phone call
| |
Milestone Violations
| |||||
1.
|
Failure to submit written response to NOV within 15 days
|
2 days
|
a.
|
NSNC
| |
No response to enforcement response a.
|
21 days
|
b.
|
Second NSNC
Fine of $1,000 per day dating from due date of response to initial
NSNC
| ||
No response to enforcement response b.
|
30 days
|
c.
|
Termination of water and sewer services
Consent order
| ||
2.
|
Failure to complete a compliance schedule deadline
|
2 days
|
a.
|
Phone call and NOV
| |
14 days
|
b.
|
NSNC
| |||
21 days
|
c.
|
Notice to show cause
| |||
30 days
|
d.
|
Fine of $300 per day from compliance schedule deadline until
deadline has been achieved
|