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Home My WebLink AboutNC0020559_Revised Enforcement Response Plan_20200114 �, �� RECEIVED • toil CITY OF HENDERSON u � Water Reclamation Facility NCDEQIDWRINPDES -14=0 ��Q;. Post Office Box 1434 �'' Henderson,North Carolina 27536-1434 .; - Phone: (252)431-6080 FAX: (252)492-3324 Shipping Address-1646 West Andrews Avenue,Henderson NC 27537 January 141,2020 CERTIFIED MAIL-RECEIPT REQUESTED MONTI HASSAN PERCS UNIT NCDEQ/DWR 1617 MAIL SERVICE CENTER RALEIGH,NC 27699-1617 Re: Submission of City of Henderson Water Reclamation Revised Enforcement Response Plan for 40 CFR Part 441 Requirements NC0020559 Dear Mr.Hassan: Enclosed is the City of Henderson WRF Enforcement Response Plan revised according to Option 2 of the 2019 revision addressing the dental amalgam rule(40 CFR Part 441). If you have questions or need additional information please contact me at 252-431-6085 or Lamont Allen at 252-431-6081. Sincsrely, /IA4 Darrel Johns City of Henderson Pre-treatment Coordinator C: Lamont Allen,Henderson WRF Director • City of Henderson WRF, Enforcement Response Plan (ERP) 1. Introduction It is the responsibility of City of Henderson Water Reclamation Facility (WRF), (NPDES NC0020559) 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 WRF'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 SUO Section 15-79. 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 as described in Section 7. 2. Enforcement Actions Available to the City The Assistant City Manager, the Director of the WRF and the Pretreatment Coordinator are 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. City of Henderson SUO Section Notice of Violation 15-79a Consent Orders 15-79b Show Cause Hearing 15-79c Administrative Orders 15-79d Emergency Suspensions 15-79e Termination of Permit 15-79f Civil Penalties 15-80 Injunctive Relief 15-80.1b Water Supply Severance 15-80.1c 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 (City of Henderson SUO Sec. 15-80b) City of Henderson ERP Revised:January 2020 - 1 - 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 WRF. Adjudicatory hearing procedures regarding permit decisions, civil penalties, and administrative orders may be found in the SUO (Section 15-73-8). 3. Investigation of Noncompliance The Staff of the WRF 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 Users effluent; 3. review of self-monitoring data, if required, from the User. The compliance status of Significant Industrial Users will be evaluated at a minimum once every 6 months. 4. 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 City of Henderson ERP Revised: January 2020 -2- 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. Permit Limits. Users are responsible for maintaining compliance with all effluent limits. The WRF 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 Sill who submits a report more than 30 days late is 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 WRF, 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 WRF 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 WRF, resulting in WRF 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 City of Henderson ERP Revised:January 2020 -3 - 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. City of Henderson ERP Revised: January 2020 -4- • 6. Chart: Responses Applicable to SIU/ CIUs and Users Not Subject to 40 CFR 441 (see #7) Type of Violation WRF Action Timeframe Responsible Expected Action Escalated Action Official from User if Needed Unpermitted Discharges Unpermitted Discharge NOV Within 30 Days Of Pretreatment File Permit Suspend Service Until Unaware Of Discovery Of Coordinator Application Permit Is Issued Requirement Discharge Unpermitted Discharge NOV With Penalty Within 30 Days Of Pretreatment File Permit Suspend Service Until Aware Of Requirement Assessed Discovery Of Coordinator or Application Permit Is Issued Discharge Director Unpermitted Discharge Order to Cease Process Order to Cease Director or Asst.City File Permit Suspend Service results in NPDES or causing Violation Immediately Manager Application Until Permit Issued other State issued NOV with Notice of Violation Steps Taken to avoid permit or State General recommended within 7 days violation Statute violation minimum of$ 1000 and up to$25,000/day per violation Penalty Unpermitted Discharge Suspend Service Suspend Service Director or Asst. City File Permit results in NOV Immediately Manager Application Endangerment with recommended Notice of Violation Steps Taken to avoid minimum$1000 and within 7 days future endangerment up to$25,000 per day per violation Penalty City of Henderson ERP Revised:January 2020 -5- Type of Violation WRF Action Timeframe Responsible Expected Action Escalated Action Official from User if Needed Permit Limits Violations Permit Limits NNC Within 30 days of Pretreatment Conduct Additional NOV with$0 to Violation receiving data Coordinator Monitoring and Return $25,000 Penalty Single Event to Compliance Minor Permit Limits NOV with$50 to Within 30 days of Pretreatment Conduct additional Second NOV with Violation $25,000 Penalty receiving data Coordinator monitoring and return Increased Penalty$100 Technical Review to compliance Minimum Criteria(TRC) Permit Limits NOV with$1000 to Within 30 days of Pretreatment Report cause of Non- Enforceable Schedule Violation $25,000 Penalty Receiving all the Data Coordinator or compliance and steps (AO)if not resolved by Significant non- Director taken to prevent the end of 2nd 6-month Compliance violation period Permit Limits Order to Cease process Order to Cease Director or Asst. City Report cause of Non- Suspend Service Until Violation results in causing Violation Immediately Manager compliance and steps resolved NPDES or other State NOV with Notice of Violation taken to prevent Enforceable Schedule issued permit or State recommended Within 7 days of violation (AO)if not resolved by General Statute minimum Discovering Violation the end of 2nd 6-month violation $ 1000 and up to period $25,000/day per violation Penalty Permit Limits Suspend Service Suspend Service Director or Asst.City File for Reissuance of Violation NOV Immediately Manager Permit Causes with a minimum$1000 Notice of Violation Endangerment and up to$25,000 per within 7 days day per violation Penalty City of Henderson ERP Revised:January 2020 -6- Type of Violation WRF Action Timeframe Responsible Expected Action Escalated Action Official from User if Needed Other Violations Self Monitoring NOV with a Within 30 Days of Pretreatment Conduct Missed Second NOV with Violations recommended Discovery Coordinator Sampling Penalty equal to Twice Minimum Penalty Cost of Missed Testing Equal or Greater Than Cost of Missed Testing Reporting Violations NNC Within 30 days of the Pretreatment Submit Report NOV Late Report Report Due Date Coordinator Penalty Assessed Possible SNC if over 30 days Reporting Violations NNC Within 30 days of Pretreatment Submit Revised Report Notice of Violation Incomplete or Report Submission Coordinator Penalty Assessed Inaccurate Reports Reporting Violations Referred to District As soon as suspected Director or Asst. City Intentional Attorney Manager Falsification Violation of Permit NOV with Within 30 days of Pretreatment Varies Second Notice of Conditions Penalty up to$25,000 Discovery Coordinator Violation per day per violation or Director with Increased Penalty Violation of Permit Suspend Service Suspend Service Director or Asst.City Steps taken to Avoid Conditions results in NOV with up to Immediately Manager Reoccurrence NPDES or other State $25,000 per day per Notice of Violation issued permit or State violation Penalty Within 7 days General Statute violations or Endangerment City of Henderson ERP Revised: January 2020 -7- Type of Violation WRF Action Timeframe Responsible Expected Action Escalated Action Official from User if Needed Other Violations(cont.) Violations of NOV Within Time frame Pretreatment Additional Monitoring Same as Escalated Enforcement Order assess Stipulated listed in Enforcement Coordinator or and Steps taken to Action for Same Type Conditions or Limits Penalty and Actions Order or For the Same Director avoid recurrence of Violation listed for same Type of Violation in Possible Revocation of violation type in ERP ERP Order Failure to Meet a NOV and Assess Within 14 days of Pretreatment Submit a schedule to Show Cause Hearing Milestone Date in an Penalty Stipulated in Discovery Coordinator or complete the Enforcement Order Order Director Requirement (Does not Affect Other Dates) Failure to Meet a Show Cause Hearing Within 30 days of Director or Asst.City Negotiate new Order Possible Termination Milestone Date in an and Assess Stipulated Discovery Manager and Abide by New of Service Enforcement Order Penalties Conditions (Affects Other Dates) Failure to Meet Final NOV and Assess Within 14 days of Director or Asst. City Document Compliance Possible Termination Compliance Date stipulated penalties Discovery Manager of Service City of Henderson ERP Revised: January 2020 -8- 7. Chart: Responses Applicable to Dental Dischargers Subject to 40 CFR 441 Type of Violation WRF Action Timeframe Responsible Expected Action Escalated Action Official from User if Needed Failure to submit Reminder via Within 60 days of Pre-treatment Submit report NOV; require one-time phone, email or deadline Coordinator within 45 days report within 30 compliance report letter (10/12/2020) days Continued failure 2nd NOV with Within 30 days of Pre-treatment Submit report Issue penalty up to to submit one-time Notice of Intent(to most recent due Coordinator within 10 days an amount equal to compliance report issue penalty)by date the cost of certified mail installing an amalgam separator Continued failure Turn over to City to submit report or Attorney for pay penalty collection NOV-Notice of Violation NNC-Notice of Non-compliane TRC-Technical Review Criteria AO-Administrative Order SNC-Significant Non-Compliance City of Henderson ERP Revised:January 2020 -9-