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HomeMy WebLinkAboutNC0021229_Enforcement Response Plan - Pretreatment_20220324 Modeled after Comprehensive Guide, Chapter 8: ERP Page: 1 Appendix 8-A, revised June 2008 Town of Old Fort Enforcement Response Plan (ERP) 1. Introduction It is the responsibility of Town of Old Fort (NPDES NC0021229) 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. 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 POTW The Director of the POTW 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. 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; 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; Modeled after Comprehensive Guide, Chapter 8: ERP Page: 2 Appendix 8-A, revised June 2008 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. Adjudicatory hearing procedures regarding permit decisions, civil penalties, and administrative orders may be found in the SUO (NC Model SUO Section 10). 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 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 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 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 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. Modeled after Comprehensive Guide, Chapter 8: ERP Page: 3 Appendix 8-A, revised June 2008 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 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. Modeled after Comprehensive Guide, Chapter 8: ERP Page: 1 Appendix 8-A, revised June 2008 6. Chart: Responses Applicable to SIU/CIUs and Users Not Subject to 40 CFR 441 Type of Violation POTW Action Timeframe Responsible Official Expected Action from User Escalated Action if Needed Unpermitted Discharges Unpermitted Discharge Unaware Of Requirement Notice Of Violation Within 30 Days Of Discovery Of Discharge Pretreatment Coordinator File Permit Application Suspend Service Until Permit Is Issued Unpermitted Discharge Aware Of Requirement Notice Of Violation With Penalty Assessed Within 30 Days Of Discovery Of Discharge Director File Permit Application Suspend Service Until Permit Is Issued Unpermitted Discharge results in NPDES or other State issued permit or State General Statute violations Order to Cease Process Causing Violation Notice of Violation with recommended minimum of $1,000 and up to $25,000/day per violation Penalty Order to Cease Immediately Notice of Violation within 7 days Director File Permit Application Steps Taken to avoid violation Suspend Service Until Permit Issued Unpermitted Discharge results in Endangerment Suspend Service Notice of Violation with recommended minimum $,1000 and up to $25,000 per day per violation Penalty Suspend Service Immediately Notice of Violation within 7 days Director File Permit Application Steps Taken to avoid future endangerment Modeled after Comprehensive Guide, Chapter 8: ERP Page: 2 Appendix 8-A, revised June 2008 Type of Violation POTW Action Timeframe Responsible Official Expected Action from User Escalated Action if Needed Permit Limits Violations Permit Limits Violation Single Event Minor Notice of non- Compliance or Notice of Violation with $0 to $25,000 Penalty Within 30 days of receiving data Pretreatment Coordinator Conduct Additional Monitoring and Return to Compliance Notice of Violation with Penalty Permit Limits Violation Technical Review Criteria (TRC) Notice of Violation with 0 to $ 25,000 Penalty Within 30 days of receiving data Pretreatment Coordinator Conduct additional monitoring and return to compliance Second Notice of Violation with Increased Penalty Permit Limits Violation Significant non- Compliance Notice of Violation with 0 to $ 25,000 Penalty Within 30 days of Receiving all Data Pretreatment Coordinator Report cause of Non-compliance and steps taken to prevent violation Enforceable Schedule (AO) if not resolved by end of 2nd 6-month period Permit Limits Violation results in NPDES or other State issued permit or State General Statute violations Order to Cease process causing Violation Notice of Violation with recommended minimum $ 1000 and up to $ 25,000/ day per violation Penalty Order to Cease Immediately Notice of Violation Within 7 days of Discovering Violation Director Report cause of Non-compliance and steps taken to prevent violation Suspend Service Until resolved Enforceable Schedule (AO) if not resolved by end of 2nd 6-month period Permit Limits Violation results in Endangerment Suspend Service Notice of Violation with a recommended minimum $1000 and up to $25,000 per day per violation Penalty Suspend Service Immediately Notice of Violation within 7 days Director File for Reissuance of Permit Modeled after Comprehensive Guide, Chapter 8: ERP Page: 3 Appendix 8-A, revised June 2008 Type of Violation POTW Action Timeframe Responsible Official Expected Action from User Escalated Action if Needed Other Violations Self Monitoring Violations Notice of Violation with a recommended Minimum Penalty Equal or Greater Than Cost of Missed Testing Within 30 Days of Discovery Pretreatment Coordinator Conduct Missed Sampling Second Notice of Violation with Penalty equal to Twice Cost of Missed Testing Reporting Violations Late Report Notice of Non-Compliance Within 30 days of the Report Due Date Pretreatment Coordinator Submit Report Notice of Violation Penalty Assessed Possible SNC if over 30 days Reporting Violations Incomplete or Inaccurate Reports Notice of Non-Compliance Within 30 days of Report Submission Pretreatment Coordinator Submit Revised Report Notice of Violation Penalty Assessed Reporting Violations Intentional Falsification Referred to District Attorney As soon as suspected Director Violation of Permit Conditions Notice of Violation with Penalty up to $25,000 per day per violation Within 30 Days of Discovery Pretreatment Coordinator or Director Varies Second Notice of Violation with Increased Penalty Violation of Permit Conditions results in NPDES or other State issued permit or State General Statute violations or Endangerment Suspend Service Notice of Violation with up to $25, 000 per day per violation Penalty Suspend Service Immediately Notice of Violation Within 7 days Director Steps taken to Avoid Reoccurrence Modeled after Comprehensive Guide, Chapter 8: ERP Page: 4 Appendix 8-A, revised June 2008 Type of Violation POTW Action Timeframe Responsible Official Expected Action from User Escalated Action if Needed Other Violations (cont.) Violations of Enforcement Order Conditions or Limits Notice of Violation assess Stipulated Penalty and Actions listed for same violation type in ERP Within Time frame listed in Enforcement Order or For the Same Type of Violation in ERP Pretreatment Coordinator or Director Additional Monitoring and Steps taken to avoid recurrence Same as Escalated Action for Same Type of Violation Possible Revocation of Order Failure to Meet a Milestone Date in an Enforcement Order (Does not Affect Other Dates) Notice of Violation and Assess Penalty Stipulated in Order Within 14 days of Discovery Pretreatment Coordinator Submit a schedule to complete the Requirement Show Cause Hearing Failure to Meet a Milestone Date in an Enforcement Order (Affects Other Dates) Show Cause Hearing and Assess Stipulated Penalties Within 30 days of Discovery Director Negotiate new Order and Abide by New Conditions Possible Termination of Service Failure to Meet Final Compliance Date Notice of Violation and Assess stipulated penalties Within 14 days of Discovery Director Document Compliance Possible Termination of Service