NC0026565_Enforcement Response Plan (ERP)_20210726

Town of Ramseur NC0026565 Enforcement Response Plan (ERP)
1. Introduction
It is the responsibility of the Town of Ramseur to enforce all applicable Federal, State, and local
pretreatment regulations. These regulations are outlined in Federal regulation 40 CFR 403 and
State regulation 15A NCAC 2H .0900, and the local Sewer Use Ordinance (SUO). This Enforcement
Response Plan (ERP) has been established as an element of the Publicly Owned Treatment Works
(POTW's) pretreatment program. The purpose of the ERP is to provide for fair and equitable treatment of
all Users for anticipated enforcement situations. In general, enforcement actions will be taken in
accordance with this Enforcement Response Plan. However, the enforcement actions available are not
exclusive (Town of Ramseur SUO Section 8.4, Remedies Nonexclusive). Therefore, any combination of
the enforcement actions can be taken against a non -compliant user.
Enforcement actions taken in response to the requirements of 40 CFR Part 441 will be taken/decided on a
case -by -case basis.
2. Enforcement Actions Available to the Town of Ramseur
The Director of the POTW is empowered through North Carolina General Statute (NCGS) 143-215.6A and the
local SUO to take a wide variety of enforcement actions. The following is a list of those actions and the
corresponding section of the local SUO that describes each. Corresponding sections from the NC model SUO
are listed as well.
Notice of Violation
Consent Orders
Show Cause Hearing
Administrative Orders
Emergency Suspensions
Termination of Permit
Civil Penalties
Injunctive Relief
Water Supply Severance
Local SUO Section
8.1(a)
8.1(b)
8.1(c)
8.1(d)
8.1(e)
8.1(f)
8.2
8.3(b)
8.3(c)
NC Model SUO Section
8.1(a)
8.1(b)
8.1(c)
8.1(d)
8.1(e)
8.1(f)
8.2
8.3(b)
8.3(c)
In addition to the actions listed above, a User who violates the provisions of NCGS 143-215.6B may be
referred by the Director to the District Attorney for possible criminal prosecution.
In determining the amount of civil penalties for a particular violation the Director shall consider the following
factors (Town of Ramseur SUO section 8.2):
1. The degree and extent of the harm to the natural resources, to the public health, or to public
or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quantity or quality or on air quality;
4. The cost of rectifying the damage;
5. The amount of money saved by non-compliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of the violator in complying or failing to comply;
8. The costs of enforcement to the POTW.
9. Adjudicatory hearing procedures regarding permit decisions, civil penalties, and administrative
orders may be found in the SUO (Town of Ramseur 4.2(h)).
NC0026565 Town of Ramseur ERP, Update July 2021 Page: 1

3. Investigation of Noncompliance
The Staff of the POTW will generally investigate User compliance with permits or the provisions of the SUO in
three ways:
1. on -site inspections of the User to include scheduled and unscheduled visits;
2. scheduled and unscheduled sampling of the User's effluent, alone or in conjunction with other
Users' effluents;
3. review of self -monitoring data, if required, from the User.
4. The compliance status of Significant Industrial Users will be evaluated at a minimum once every 6
months.
4. Types of Violations
The following is a list of different types of violations, by category. This list is not inclusive but serves as a
general list of anticipated types of noncompliance. The User's permit, local SUO, and State and Federal
regulations serve as additional references for pretreatment requirements.
Unpermitted Discharges. Users are responsible for obtaining and renewing permits, if required. When
required, the Town will issue a permit containing specific types of discharge.
Permit Limits. Users are responsible for maintaining compliance with all effluent limits. The POTW will
evaluate the extent of the limits violation(s). In determining the extent of violation(s), Significant Non -
Compliance (SNC) as defined by State and EPA regulations will be determined.
Self -Monitoring Violations. A User who fails to adequately conduct all the monitoring required in the permit,
including monitoring frequencies and sampling methods specified, is in violation. This includes a User who
does not resample per their permit when a limit violation occurs.
Reporting Violations. A User who fails to provide information (e.g. self monitoring reports) required in their
Permit or the SUO in the required time frame is in violation. Late or incomplete reports will also be
considered violations. A SIU who submits a report more than 30 days late is considered in SNC, unless written
approval by the Town is obtained.
Permit Conditions. Failure to apply or reapply for a permit is considered a violation. Users who violate the
general or other conditions (e.g. slug loading, dilution prohibition) outlined in their permits or the SUO shall be
considered to be in violation.
Enforcement Orders. Failure to meet the requirements of an order (e.g. interim limits, milestone dates),
whether the order was entered into voluntarily or mandated by the POTW, shall be considered a violation.
Missing a scheduled compliance milestone by more than 90 days is considered SNC.
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5. Responses: Timeframes, Responsible Officials, Escalated Actions.
The attached chart further outlines types of violations and specifies POTW actions (initial and escalated),
timeframes, and the officials responsible for completing the actions. This chart shall be considered a part of
the Enforcement Response Plan.
Responses to violations affecting the operation of the POTW, resulting in POTW NPDES violations, or resulting in
environmental harm or endangerment to human health will be taken immediately or as soon as possible
following discovery.
A User may be sent a Notice of Violation (NOV) or Notice of Noncompliance (NNC) for each individual
violation. Alternatively, violations over a period of time may be summarized. In general, NOVs in response to
violations will be issued within 30 days of discovery of the violations. Users found to be in SNC for two (2)
consecutive 6-month periods will be issued an enforceable order to return to compliance. In all cases,
escalated or continuing enforcement action will be taken against Users who do not return to compliance in a
timely manner.
Cases of falsifying reports, tampering with monitoring or sampling equipment, or otherwise preventing the
collection of representative data may be referred to the District Attorney for possible criminal investigation.
Show cause hearings may be held at the Director's discretion prior to taking enforcement actions.
NC0026565 Town of Ramseur ERP, Update July 2021 Page: 3

6. Chart: Responses Applicable to SIU/CIUs
NC0026565 Town of Ramseur ERP, Update July 2021

NC0026565 Town of Ramseur ERP, Update July 2021

Escalated Action
if Needed
Second Notice of
Violation with
Penalty, min.
$100 per
violation
Notice of Violation
Penalty Assessed
($100 min.) Possible
SNC if over 30 days
Notice of Violation
Penalty Assessed,
$100 min.
Second Notice of
Violation
with Increased
Penalty, min.
$100 per penalty
Expected Action
from User
Conduct Missed
Sampling
Submit Report
Submit Revised
Report
Varies
Steps taken to Avoid
Reoccurrence
Responsible
Official
Pretreatment
Coordinator
Pretreatment
Coordinator
Pretreatment
Coordinator
Director
Pretreatment
Coordinator
or
Director
Director
Timeframe
Within 30 Days of
Discovery
Within 30 days of
the Report Due Date
Within 30 days of
Report Submission
As soon as suspected
Within 30 Days of
Discovery
Suspend Service
Immediately
Notice of Violation
Within 7 days
0
u
O
P.
Notice of Violation
Notice of
Violation
Notice of
Violation
Referred to District
Attorney
Notice of Violation with
Penalty up to $25,000
per day per violation
Suspend Service
Notice of Violation with
up to $25,000 per day
per violation Penalty
Type of Violation
Other Violations
Self Monitoring
Violations
Reporting Violations
Late Report
Reporting Violations
Incomplete or
Inaccurate Reports
Reporting Violations
Intentional
Falsification
Violation of Permit
Conditions
Violation of Permit
Conditions
results in NPDES
or other State issued
permit or State General
Statute violations or
Endangerment
v
ro
a
NC0026565 Town of Ramsuer ERP Update July 2021

Escalated Action
if Needed
Same as Escalated
Action for Same
Type of Violation
Possible Revocation
of Order
Show Cause Hearing
Possible
Termination of
Service
Possible
Termination of
Service
Expected Action
from User
Additional
Monitoring and
Steps taken to avoid
recurrence
Submit a schedule to
complete the
Requirement
Negotiate new Order
and Abide by New
Conditions
Document
Compliance
Responsible
Official
Pretreatment
Coordinator
or
Director
Pretreatment
Coordinator
0
)
V
y
1
Director
Timeframe
Within Time frame
listed in
Enforcement Order
or For the Same
Type of Violation in
ERP
Within 30 days of
Discovery
Within 30 days of
Discovery
Within 30 days of
Discovery
O
•.
V
O
P.
Notice of Violation
assess Stipulated
Penalty and Actions
listed for same violation
type in ERP
Notice of Violation and
Assess Penalty
Stipulated in Order
Show Cause Hearing
and Assess Stipulated
Penalties
Notice of Violation and
Assess stipulated
penalties
Type of Violation
Other Violations (cont.)
Violations of
Enforcement Order
Conditions or Limits
Failure to Meet a
Milestone Date in an
Enforcement Order
(Does not
Affect Other Dates)
Failure to Meet a
Milestone Date in an
Enforcement Order
(Affects Other Dates)
Failure to Meet Final
Compliance Date
NC0026565 Town of Ramseur ERP, Update July 2021