[Amended 2-3-1999 by L.L. No. 4-1999]
A.Â
The managing operator shall prepare an enforcement
response plan. The enforcement response plan, in a step-by-step fashion,
shall outline the procedures to be followed to identify, document,
and respond to violations by users of the POTW. All violations by
users of the POTW shall be met with some type of enforcement response.
The response shall be comprehensive and effective.
B.Â
The enforcement response plan shall:
(1)Â
Describe how the managing operator will investigate
instances of noncompliance.
(2)Â
Describe the types of escalated enforcement actions
that the managing operator will take in response to all anticipated
types of user violations and the time periods within which to initiate
and follow up these actions.
(3)Â
Adequately reflect the Town Board's responsibility
to enforce all applicable standards and requirements.
C.Â
The enforcement response plan shall contain:
(1)Â
Criteria for scheduling periodic inspection and/or
sampling visits to POTW users.
(2)Â
Forms and guidelines for documenting compliance data
in a manner which will enable the information to be used as evidence.
(3)Â
Systems to track due dates, compliance schedule milestones
and pending enforcement actions.
(4)Â
Criteria, responsible personnel and procedures to
select and initiate an enforcement action.
D.Â
The range of appropriate enforcement actions shall
be based on the nature and severity of the violation and other relevant
factors, such as the following, and shall promote consistent and timely
use of enforcement remedies.
(1)Â
Magnitude of the violation.
(2)Â
Duration of the violation.
(3)Â
Effect of the violation on the receiving water.
(4)Â
Effect of the violation on the POTW.
(5)Â
Effect of the violation on the health and safety of
the POTW employees.
(6)Â
Compliance history of the user.
(7)Â
Good faith of the user.
E.Â
The Town Board shall approve the enforcement response
plan. The enforcement response plan shall be reviewed at least every
five years.
