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HomeMy WebLinkAboutNC0020591_Response Plan_20200113 CITY of '1 5tateUe NORTH CAROLINA January 13,2020 RECEIVED JAN 17 2020 Mr.Monti Hassan NCDEQ/DVWR/NPDES PERCS Unit 1617 Mail Service Center Raleigh,NC 27699-1617 Dear Mr. Hassan: I am writing in regards for approval on the updated Enforcement Response Plan for the City of Statesville. If you have any questions,please contact me at 704-878-3438 or bjohnson(21 statesvillenc.net Sincerely, Brandy Johnson,Pretreatment Coordinator Water Resources PO Box 1111 Statesville,NC 28687 ci.statesville.nc.us CITY OF STATESVILLE ENFORCEMENT RESPONSE PLAN I. Introduction It is the responsibility of the City of Statesville 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),City Code Article IV,Section 23-219 through Section 23-222. This Enforcement Response Plan(ERP)has been established as an element of the City of Statesville'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 as discussed in the Sewer Use Ordinance (SUO),Section 23-222. Therefore,any combination of the enforcement actions can be taken against a noncompliant user. Enforcement actions taken in response to the requirements of 40 CFR Part 441 will be taken/decided on a case-by-case basis. II. Enforcement Actions Available to the City of Statesville The Director of the Water/Wastewater Treatment Department is empowered through North Carolina General Statute(NCGS)143- 215.6A and the local Sewer Use Ordinance(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. Action SUO Section Notice of Violation Section 23-219(a) Consent Orders Section 23-219(b) Show Cause Hearing Section 23-219(c) Administrative Orders Section 23-219(d) Emergency Suspensions Section 23-219(e) Termination of Permit Section 23-219(f) Civil Penalties Section 23-220 Injunctive Relief Section 23-221 (b) Water Supply Severance Section 23-221 (c) In addition to the actions listed above,a User who violates the provisions of NCGS 143-215.6B,which includes falsifying reports, tampering with monitoring or sampling equipment or otherwise preventing the collection of representative data maybe referred by the Director to the District Attorney for possible criminal prosecution. ' Enforcement is carried out by the City of Statesville's Pretreatment Coordinator and the Director,where his/her authority is required. In determining the amount of civil penalties for a particular violation,the enforcement response chart is used. However,the following factors are considered in instances of noncompliance that may or may not require a fine: 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 to the violator in complying or failing to comply; 8. The costs of enforcement to the POTW. 1 Adjudicatory hearing procedures regarding permit decisions,civil penalties,and administrative orders may be found in the SUO, Section X. III. Investigation of Noncompliance Noncompliance is detected through routine and non-routine monitoring and inspections. Once noncompliance is discovered and the source located,the industry is notified and may be fined. The industry is directed to investigate and correct the cause of noncompliance and reply in writing to the City. If noncompliance continues,escalating fines and enforcement action results. IV. Types of Violation 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 reference for pretreatment requirements. Unpermitted Discharges: Users are responsible for obtaining and renewing permits,if required. 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 pemut,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 possibly considered in SNC. 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. V. Responses: Timeframes,Responsible Officials,Escalated Actions. The attached chart outlines types of violations and specifies enforcement actions(initial and escalated)taken by the City Of Statesville, timeframes,response of the industry and any follow up action. 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 will be sent a Notice of Violation(NOV)and a$50.00 fine or Notice of Noncompliance(NNC)will be sent for each individual violation to the Significant Industrial User(SIU). A SIU is an industry required to obtain a permit from the City in order to discharge process wastewater and meets the definition of a SIU listed in the SUO,Section 23-182. Alternatively,violations over a period of time maybe 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.Fines generally increase by$50.00 per violation for the same parameter. For SIU's,the fining process starts over at the beginning of a new six-month period. For non-SIU's,the user must be compliant for a year for the fining process to start over. This policy is based on the frequency of samples taken. SIU's are sampled quarterly and non-SIU's,in particular restaurants,are only sampled twice a year. Fines are billed through the electric bills. Cases of falsifying reports,tampering with monitoring or sampling equipment,or otherwise preventing the collection of representative data maybe referred to the District Attorney for possible criminal investigation. 2 It shall be noted that if a SIU is participating in the City of Statesville Common Sense Initiative Program,and has reached Level 3,that this SIU will not receive a fine for the first NOV for that parameter. A User,which is not a SIU,will receive a NOV and a possible fine for the first violation. In determining whether or not a fine will be issued,the factors listed under Part II of this plan will be considered. SIU's should refer to their Guide for Pemuttees for further information concerning enforcement along with the attached Pretreatment Program Administration Charge that list parameter fees per analysis. Non-SIU's,in particular restaurants,should refer to the attached Oil&Grease Policy for further information concerning who must comply,types of violations,enforcement action taken by the City,and any follow up action. Show cause hearings may be held at the Director's discretion prior to taking enforcement actions. • OIL AND GREASE POLICY Introduction: Fats,oils and Greases(FOG)are problem substances in wastewater that can be controlled by properly maintained interceptors. Correct grease interceptor maintenance will lower the high number of grease stoppages in the City of Statesville collection system. The frequent stoppages in the City of Statesville sewer system indicates many grease traps are not properly maintained. The City of Statesville now requires that all food service operations maintain a properly sized grease and oil interceptor to keep excess oil and grease out of the sanitary sewer system. Who Must Comply&What Must Be Done: SEWER USE ORDINANCE Section 23-189.Pretreatment of wastewater. (b)(3)Grease,sand,grit and oil interceptors and oil/water separators shall be provided when,in the opinion of the POTW director,they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil,grit,sand,lubricating oil,cutting oil,kerosene,gasoline,naphtha,paraffin,trisodium phosphate,and any other light density and volatile liquids in the sewer system or have the potential to have them discharged to the sewer system. This will not be required for residential users. All interception units shall be of type and capacity approved by the POTW director or his designee and meet North Carolina State Plumbing Codes. Interception units shall be so located to be easily accessible for cleaning and inspection. All oil/water separators shall have two access ports that will allow for inspection,sampling and cleaning.A grit interceptor shall be installed in the drainage line leading from a facility,prior to the required oil/water separator. Such interceptors shall be inspected,cleaned and repaired regularly,as needed,by the user at their expense. Oil and grease interceptors shall be required for all food preparatory businesses that discharge to the City of Statesville.All interceptors shall be properly sized to handle excessive amounts of oil and grease.All interceptors shall be inspected,cleaned and repaired regularly,as needed,by the user at the user's expense.All interceptors or traps shall have a sampling port,as approved by the POTW director or his designee.All food preparatory businesses are subject to being sampled semi-annually,by the city,for oil and grease content.The result shall not exceed two hundred(200)mg/1.If the content exceeds the two hundred(200)mg/1 limit, enforcement action can be taken in accordance with the city's enforcement response plan. A)NEW FACILITIES 1. All new food preparatory businesses shall be required to install a grease interceptor, according to the Statesville City Code Section 23-189.Grease interceptors shall be adequately sized,with no interceptor less than a 1,000 gallons total capacity. 2. No new food preparatory business will be allowed to initiate operations until grease-handling facilities are installed and approved by the POTW director or his designee. 3. All grease interceptors must have each chamber directly accessible from the surface,free from obstructions,to provide for servicing and maintaining the interceptor in working and operating condition. 4. Where food—waste grinders are installed,the waste from those units shall discharge directly into the building drainage system without passing through the grease interceptor.All other fixtures and drains receiving kitchen or food preparation wastewater shall pass through a grease interceptor. B) EXISTING FACILITIES 1. All existing food preparatory businesses that do not have an oil and grease interceptor and that are able to maintain compliance with the two hundred(200)mg/1 limit may be exempted from installing an oil and grease interceptor by the POTW director or his designee. Maintaining compliance shall mean no violation of the two hundred(200)mg/1 limit. 2. Any existing food preparatory businesses that can not meet the two hundred(200)mg/1 limit will be required to have a grease interceptor installed,which has been approved by the POTW director or his designee.Failure to install a grease interceptor within six(6)months of notification will be considered a violation of the City of Statesville Sewer Use Ordinance and may 4 subject the facility to penalties and corrective actions or service discontinuance.Said installations shall meet the same requirements for design as for new facilities.(See Section A above). 3. For cases in which"outdoor"type grease interceptors are infeasible to install,existing food preparatory businesses will be required to install adequate and approved"under-the-counter"grease traps for use on individual fixtures including dishwashers,sinks,and other potentially grease containing drains. 4. The location of"under-the-counter"units must be near the source of the wastewater as physically as possible. 5. Wastewater from garbage grinders should not be discharged to grease traps/interceptors. 6. The exclusive use of enzymes,grease solvents,emulsifiers,etc.is not considered acceptable grease trap maintenance. C) NEW FOOD PREPARATORY BUSINESSES IN EXISTING BUILDINGS 1. All new food preparatory businesses locating in existing buildings shall be required to install a grease interceptor approved by the POTW director or his designee. 2. Where physically impossible to install"outdoor"units,"under-the-counter"units may be allowed as with existing food preparatory businesses as approved by the POTW director or his designee. (See Section B above). Section 23-183.Prohibited discharge standards. (b)(3)Total fat,wax,grease or oil concentration of more than two hundred(200)mg/1,whether emulsified or not,or containing substances which may solidify or become viscous at temperatures between thirty-two(32)degrees and one hundred fifty(150)degrees Fahrenheit(zero and sixty-five(65)degrees Celsius)at the point of discharge into the system. Petroleum oil,nonbiodegradable cutting oil,or products of mineral oil origin,in amounts that will cause interference or pass through. (13)Fats,oils,or greases of animal or vegetable origin in concentrations greater than 200 mg/1. ENFORCEMENT RESPONSE PLAN Part 4 Of The Enforcement Response Guide Enforcements: All establishments must comply with the 200 mg/1 limit. If non-compliance occurs,the following will apply: 1. First Violation=Warning 2. Second Violation=$50.00 fine 3. Third Violation=$100.00 fine 4. Forth Violation=$150.00 fine 5. Fifth Violation=$200.00 fine 6. Sixth Violation=$250.00 fine and reply,in writing,detailing steps to be taken to correct this violation 7. Seventh Violation=$300.00 fine and we request that you contact our office to set up a meeting to discuss the continual problem your restaurant is having in meeting the Sewer Use Ordinance limit for Oil&Grease. 8. Eighth Violation=$350.00 fine and we are requesting that you meet with our Pretreatment Staff to develop a plan of action to be taken to help your restaurant meet compliance. Please be aware that if steps are not taken to reach compliance,increasing fines and enforcement action will be taken. Fines can increase up to$25,000 per day per violation. 9. Ninth Violation=$400.00 fine and we recommend that a sample port be provided within the grease trap after the Zabel filter,rather that sampling from the cleanout. This would make it easier to see what is being sampled and prevents the possibility of chunks of grease being introduced into the sample from the sampling probe scraping the side of the pipe. The user must be compliant for one consecutive year(two sampling periods)for the fining process to start over. The fines will be included in your electric bill. 5 Pretreatment Program Administration Charges Total costs incident to the supervision,inspection and sampling of wastes shall be included in the charge made to industries or businesses discharging wastes into the city's sanitary sewers.Industries subject to the pretreatment program shall pay applicable permit application fees and annual permit fees as approved by city council.Industries subject to the pretreatment program shall pay for any and all pretreatment analyses performed by the city utilizing a current fee schedule adopted by the city council and available from the water/wastewater treatment department.Analyses which are performed by private laboratories shall be paid for by the applicable industrial user. (1) Reimbursement of costs of setting up and operating the pretreatment program; (2) Monitoring,inspections and surveillance procedures; (3) Reviewing slug control plans,including accidental and/or slug load discharge procedures and construction plans and specifications; (4) Permitting; (5) Other fees as the City of Statesville may deem necessary to carry out the requirements of the pretreatment program. Parameter Fee Per Analysis Alkalinity...$6.00 Ammonia nitrogen .10 00 Biochemical oxygen demand .15.00 Chemical oxygen demand . 15.00 Chlorine(colormetnc residual) 6 00 Chlorine(titnmetnc) . 6 00 Conductivity 5 00 Dissolved oxygen 5 00 Dissolved oxygen(wmider) 5 00 Fecal conforms(MF) .5.00 Metals(AAS) . 15.00 Metals(graplute fumace). 30 00 Metals digestion Included Nitrate plus nitrite ..20.00 Oil and grease . 20 00 pH . 5 00 Settleable solids . 4 00 Sludge volume .4.00 Temperature . 2 00 Total cyanide .30 00 Total Kjeldahl nitrogen 20.00 Total phosphorus. 10 00 Total solids/total dissolved solids . 15 00 Total suspended solids. 10 00 Total volatile solids 10 00 Total volatile suspended solids 10 00 Toxicity 350 00 ' Application fee 300 00 Renewal fee 100 00 6 ENFORCEMENT RESPONSE CHART Type of Violation POTW Action Timeframe Responsible Expected Action Follow-Up Escalated Action if Official from User Action Needed Unpermitted Discharges Unpermitted Discharge Suspend Service Until Unaware Of Requirement- Notice Of Violation Within 30 Days Of Pretreatment File Permit Application Issue SIU Permit p No Endangerment,but Discovery Of Discharge Coordinator Permit Is Issued Permit Needed Unpermitted Discharge Notice Of Violation With Within 30 Days Of Aware Of Requirement $500.00 Penalty Discovery Of Discharge Director File Permit Application Issue SIU Permit Suspend Service Until No Endangerment(Expired Assessed Permit Is Issued Permit) Order to Cease Process Causing Violation Unpermitted Discharge Notice of Violation with Order to Cease File Permit Application Issue SIU Permit& Suspend Service results in NPDES or other Immediately Steps Taken to avoid State issued permit or State recommended minimum Notice of Violation Director violation(Install Insure Pretreatment is Until Permit Issued General Statute violations of$1,000 and up to within 7 days Pretreatment) Sufficient $25,000/day per violation - Penalty Unpermitted Discharge Suspend Service Aware of Permit Notice of Violation Suspend Service File Permit Application, Requirement with recommended Issue SIU Permit& Immediately Pay Penalty Results in NPDES minimum$,1000 and up Notice of Violation Director Steps Taken to Avoid Insure Pretreatment is Violations or to$25,000 Sufficient Endangerment(Expired per day per violation within 7 days Future Endangerment Permit) Penalty 8 ENFORCEMENT RESPONSE CHART Type of Violation POTW Action Timeframe Responsible Expected Action Follow-Up Escalated Action if Official from User Action Needed Permit Limits Violations/ Noncompliance Permit Limit Violation Written Letter Within 15 Conduct Additional Notice of Significant (City Monitoring) Notice of Violation with Within 30 Days of Pretreatment Days of Receiving City Monitoring and Violation with $100.00 Technical Review Criteria $50.00 Penalty Receiving Data Coordinator Letter and Pay Fine Return to Compliance Penalty (TRC) Permit Limit Violation Written Letter Within 15 SIU Should Resample Notice of Significant Notice of Violation with Within 30 Days of Pretreatment (SIU Monitoring) Days of Receiving City Within 30 Days. Send Violation with $100.00 or Failure to Sample $50.00 Penalty Receiving Data Coordinator Letter and Pay Fine Results to City Penalty Permit Limits Violation Order to Cease process Order to Cease Suspend Service Until causing Violation results in NPDES Notice of Violation with Immediately Report Cause of Non- Correct Discharge and resolved or other State issued permit Notice of Violation Director compliance and steps taken Enforceable Schedule(AO) or State General Statute recommended minimum$ Within 7 days of to prevent violation Pay Penalty if not resolved by end of violations 1,000 and up to$25,000/ Discovering Violation 2nd 6-month period day per violation Penalty Suspend Service Notice of Violation Suspend Service Permit Limits Violation Insure Correction Has results in with a recommended Immediately Director File for Reissuance of Been Made Before minimum$1,000and up to Notice of Violation Permit Endangerment $25,000 per day per within 7 days Allowing Discharge violation Penalty Violation of Permit Conditions Results in Suspend Service Notice Suspend Service Insure Correction has NPDES or Other State of Violation with$500.00 Immediately Notice of Director Steps Taken to Avoid been Made Before Issued Permit or State Penalty Violation Within 7 Days Reoccurrence Allowing Discharge General Statute Violations or Endangerment Reports/Letters Late,Not Submit Letter/Report Lett ort not Notice of Violation with Within 30 days of the Pretreatment Submitted,Notice of Submitted,Incomplete or $50.00 Penalty Report Due Date Coordinator Within 15 Days of Receipt Significant Violation Inaccurate and Pay Penalty with$100.00 Penalty Reporting Violations Referred to District As Soon as Suspected Director Intentional Falsification Attorney Failure to Respond to NOV Inspect SIU (for Late or No Submittals Notice of Significant Within 30 Days of Due Submit 90 Day Short Term Corrective Measures. of Reports/Letters)or Violation with$100.00 Date For Letter or of Pretreatment Schedule for Compliance For Reporting Issue Failure to Meet Penalty Receiving Data Coordinator Plus Pay Fines. 2nd NOSV with Compliance on Resample $150.00 Penalty 9 ENFORCEMENT RESPONSE CHART Type of Violation POTW Action Timeframe Responsible Expected Action Follow-Up Escalated Action if Official from User Action Needed Permit Limits Violations/ Noncompliance(cont.) Failure to Respond to Issue 2nd NOSV and Within 10 Days of Due 5c Pretreatment Respond Within Required Issue Consent Order Date of Response from 1 Coordinator/ NOSV $150.00 Penalty NOSV Director Time plus pay Penalty Plus$200.00 Penalty Failure to Respond to 2nd Issue Notice to Comply Pretreatment Issue Notice to Show NOSV or Unable to with$500.00 Penalty. Within 10 Days of Due Coordinator/ Respond Plus Pay Penalty Cause if No Response Comply with CO Follow the Stipulated Date of either NOSV/CO Director Within 10 Days with Penalties Section of CO $1,000 Penalty Sign CO,Follow Up All Make Sure all Failure to Meet Pretreatment Milestone Dates With Requirements are Issue Consent Order with Within 10 Days of Final Compliance on Short Term Coordinator/ Letters as Required; Met,if not,Follow the Show Cause Hearing Schedule $150.00 Penalty Compliance Date Director Follow All Requirements Stipulated Penalties in CO Section of CO Failure to Respond to Issue Notice To Show Within 5 Days of Due Notice to Comply or Appear at Show Cause If Cause is Shown, Terminate Service& Failure to Meet Cause with$1,000 Date for Response or Director Hearing Plus Pay Penalty Issue AO Revoke Permit Compliance Under CO Penalty Compliance If Tampering Tampering With City Within 5 Days of Pretreatment Reoccurs Begin Monitoring Equipment Letter of Warning Discovery Coordinator Respond to Letter Fining Procedure& Contact DA ENFORCEMENT RESPONSE CHART Type of Violation POTW Action Timeframe Responsible Expected Action Follow-Up Escalated Action if Official from User Action Needed Reportable Non- Compliance on Annual Report RNC for One Six Month Increase Monitoring of Within 10 Days of Pretreatment Begin Monitoring as Period Parameter in RNC Completion of Annual Coordinator Required Report Make Sure all Within 10 Days of Requirements are RNC for Same Parameter Issue Consent Order and Completion of Annual Pretreatment Sign CO,Follow All Met;Follow for 2 Six Month Periods $150.00 Penalty Report Coordinator/Director Requirements of CO Stipulated Penalties Section for Any Violations 10 ENFORCEMENT RESPONSE CHART Type of Violation POTW Action Timeframe Responsible Expected Action Follow-Up Escalated Action if Official from User Action Needed Sewer Use Violation First Violation of SUO-No Within 10 Days of Pretreatment If Not Corrected,Take Endangerment Notice Of Violation Receiving Data Coordinator Correct Discharge Problem Resample Further Enforcement Recurring Violation of Notice Of Violation Plus Within 10 Days of Pretreatment If Not Corrected,Take Same Nature $50.00 Penalty Receiving Data Coordinator Correct Discharge Problem Resample Further Enforcement First Violation of SUO Insure Corrective Issue Notice to I-Ialt Immediately Upon Pretreatment Measures are Taken Results in NPDES Correct Discharge Problem Violation or Endangerment Discharge Discovery Coordinator/Director Before Allowing Discharge Issue Notice to Halt Insure Corrective Recurring Violation of the Immediately Upon Measures are Taken Same Nature Discharge Plus$550.00 Discovery Director Correct Discharge Problem Before Allowing Fine Discharge 11