NC0020605_Revised Enforcement Response Plan_20191220

Town of Tarboro
1 r
P.O. Box 220—500 Main Street
AWfr Tarboro, NC 27886-0220
i, __ Telephone[phone] NC Dept of Environmental Quality
Jk'/i �„0, www.tarboro-nc.com !AN - 2 ?fl?l
Raleigh Regional Office
December 20, 2019
NC Department of Environmental Quality
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
Attn: Vivien Zhong, DNR PERCS Unit
Dear Ms. Zhong:
Enclosed you will find our revised Emergency Response Plan (ERP) per your
request. The revised section can be found under Enforcement Actions Available to
the POTW. Please review and contact me with any questions or concerns.
Sincerely,
tf i C,I1Oi2 64-0241
Michael Allen
Wastewater Treatment Plant Supervisor
252-641-4251
[e-mail]
MA:lk
C: Cheng Zhang, RRO Central Files

Tarboro WWTP Enforcement Response Plan (ERP)
1. Introduction
It is the responsibility of Tarboro WWTP (NPDES No. 0020605) 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 SUO. This
Enforcement Response Plan (ERP) has been established as an element of the 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 (NC Model SUO Section 8.4). Therefore, any combination of the
enforcement actions can be taken against a non-compliant user.
2. Enforcement Actions Available to the POTW
The Director of the POTW is empowered through North Carolina General Statute (NCGS) 143-
215.6A and local Sewer Use Ordinance (SUO) to take a wide variety of enforcement actions.
Enforcement actions taken in response to the requirements of 40 CFR Part 441 will be
taken/decided on a case by case basis. 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.
Local SUO Section NC Model SUO Section
Notice of Violation 8.1(a) 8.1(a)
Consent Orders 8.1(b) 8.1(b)
Show Cause Hearing 8.1(c) 8.1(c)
Administrative Orders 8.1(d) 8.1(d)
Emergency Suspensions 8.1(e) 8.1(e)
Termination of Permit 8.1(f) 8.1(f)
Civil Penalties 8.2 8.2
Injunctive Relief 8.3(b) 8.3(b)
Water Supply Severance 8.3(c) 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 (NC model 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;
Modeled after Comprehensive Guide, Chapter 8: ERP Wage
Appendix 8-A, revised June 2008, 2nd revision December 2019
I

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.
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 operations 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 hearing may be held at the Director's discretion prior to taking enforcement
actions.
Modeled after Comprehensive Guide, Chapter 8: ERP 3
Appendix 8-A, revised June 2008, 2"d revision December 2019

Type of Violation POTW Action Timeframe Responsible Expected Action Escalated Action
Official from User if Needed
Other Violations(cont.)
Violations of Notice of Violation Within Time Pretreatment Additional Same as Escalated
Enforcement Order assess Stipulated Frame listed in Coordinator Monitoring and Action for Same
Conditions or Limits Penalty and Actions Enforcement or Director Steps taken to Type of Violation
listed for same violation Order or for avoid recurrence Possible Revocation
type in ERP the Same Type of Order
of Violation in
ERP
Failure to Meet a Notice of Violation and Within 14 days Pretreatment Submit a schedule Show Cause
Milestone Date in an Assess Penalty of Discovery Coordinator to complete the Hearing
Enforcement Order Stipulated in Order Requirement
(Does not Affect
Other Dates)
Failure to Meet a Show Cause Hearing Within 30 days Director Negotiate new Possible
Milestone Date in an and Assess Stipulated of Discovery Order and Abide Termination of
Enforcement Order Penalties by New Conditions Service
(Affects other Dates)
Failure to Meet Final Notice of Violation and Within 14 days Director Document Possible
Compliance Date Assess stipulated of Discovery Compliance Termination of
penalties Service
Modeled after Comprehensive Guide, Chapter 8: ERP 7 I P a g e
Appendix 8-A, revised June 2008, 2"d revision December 2019