Appendix A. ENFORCEMENT RESPONSE GUIDELINES  


§§ 98-175—98-180. Reserved.
I. Non-Permitted Users:
NATURE OF

VIOLATION
ENFORCEMENT RESPONSE
PERSONNEL
1. Failure to apply for a discharge permit NOV; meeting ESC
2. Response time for application exceeded NOV; meeting; citation ESC
3. Exceeding local limits or failure to implement/
meet BMP
NOV; meeting; citation ESC
4. Noncompliance continues NOV; meeting; citation; AO ESC, DPW, CA
II. Permitted Users (SlUs, NSCIUs, NSIUs)
NATURE OF

VIOLATION
ENFORCEMENT RESPONSE
PERSONNEL
1. Exceedence of discharge limits or any narrative standards or BMP (single offence in six month period) NOV; meeting; citation; increase sampling frequency ESC
2. Failure to develop and/or implement BMP NOV; meeting; citation; AO; increase sampling frequency ESC DPW, CA
3. Recurring limit or BMP violations NOV; meeting; citation; increase sampling frequency; AO; require development and implementation of slug/spill control plan and/or TOMP and/or other BMP (as appropriate); supplemental enforcement actions ESC, DPW, CA
4. pH or temperature violation NOV (field notice is delivered in the field when pH or temperature violation is detected. Formal NOV is sent at a later time). This action may be followed by additional enforcement. See numbers 1. and 3. of this section. ESC
5. Slug load discharge or treatment bypass. First offense within six months NOV; meeting; citation; AO; increase sampling frequency; require development and implementation of slug/spill control plan and/or TOMP and/or other BMP (as appropriate); supplemental enforcement actions ESC, DPW, CA
6. Recurring slug load discharges or treatment bypasses in six-month period NOV; meeting; citation; AO; increase sampling frequency; require development and implementation of slug/spill control plan and/or TOMP and/or other BMP (as appropriate); supplemental enforcement actions; evaluate judicial action; and/or termination of service ESC, DPW, CA
7. Noncompliance results in SNC NOV; meeting; citation; AO; increase sampling frequency; develop and implement BMP (as appropriate); supplemental enforcement actions; evaluate judicial action; and/or termination of service ESC, DPW, CA
8. Violations that cause: The POTW to bypass, have interference, and/or sludge quality problems; harm to the environment; endangerment to life and/or property NOV; meeting; citation; AO; increase sampling frequency; develop and implement BMP (as appropriate); supplemental enforcement actions; evaluate judicial action; and/or termination of service ESC, DPW, CA
III. Monitoring and Reporting (SIUs, NSCIUs, NSIUs)
NATURE OF

VIOLATION
ENFORCEMENT RESPONSE
PERSONNEL
1. Report less than 45 days late NOV; meeting; citation ESC
2. Reporting violation results in SNC NOV; meeting; citation; AO; increased sampling frequency; supplemental enforcement action ESC, DPW, CA
3. Failure to report as required by permit; appropriate responses to NOVs Notice of deficiency, NOV; meeting; citation; AO; increased sampling frequency; supplemental enforcement action ESC, DPW, CA
4. Continued noncompliance NOV; meeting; citation; AO; supplemental enforcement actions (including hiring an environmental consultant); evaluate judicial action; and/or termination of service ESC, DPW, CA
5. Falsification NOV; meeting; citation; AO; increased sampling frequency; evaluate judicial action; and/or termination of service ESC, DPW, CA
IV. Other Permit Issues (SIUs, NSCIUs, NSIUs)
NATURE OF

VIOLATION
ENFORCEMENT RESPONSE
PERSONNEL
1. Permit violation; initial violation NOV; meeting; citation; increased sampling frequency; AO ESC, DPW, CA
2. Missed scheduled events NOV; meeting; ESC, DPW, CA
3. Failure to properly operate and maintain a pretreatment facility; initial violation NOV; meeting; citation; increased sampling frequency; AO; supplemental enforcement action ESC, DPW, CA
4. Failure to install monitoring equipment and establishment of sampling/analysis procedures NOV; meeting; citation; increased sampling frequency; AO; supplemental enforcement action ESC, DPW, CA
5. Dilution in lieu of treatment NOV; meeting; citation; AO; increased sampling frequency; inspection; evaluate judicial action; and/or termination of service ESC, DPW, CA
6. Continued noncompliance NOV; meeting; citation; AO; increase sampling frequency; develop and implement BMP (as appropriate); supplemental enforcement actions; evaluate judicial action; and/or termination of service ESC, DPW, CA
V. Site Visits (SIUs, NSCIUs, NSIUs)
NATURE OF

VIOLATION
ENFORCEMENT RESPONSE
PERSONNEL
1. Denial of entry to facility; initial event NOV; meeting; citation; evaluate judicial action ESC
2. Inadequate record keeping. Inspection discovers files incomplete or missing; initial event NOV; meeting; citation; ESC
3. Slug/spill control plan, TOMP, and/or BMPs found to be in violation. NOV; meeting; citation; rescind acceptance of current plans; increase monitoring; require plan revisions; supplemental enforcement actions ESC
4. Continuing noncompliance NOV; meeting; citation; AO; increase monitoring; supplemental enforcement actions; evaluate judicial action and/or termination of service ESC, DPW, CA

 

Abbreviations:
AO = Administrative Order
DPW = Director of Public Works
ESC = Environmental Service Coordinator
IU = Industrial User or User
NOV = Notice of Violation
SNC = Significant Noncompliance
TOMP = Toxic Organic Management Plan
SIU = Significant Industrial User
NSCIU = Nonsignificant Categorical Industrial User
SIU = Nonsignificant Industrial User
CA = Control Authority (City of Fort Worth)

 

(Ord. No. O-2012-001-11, App. A, 1-30-12)

Editor's note— Appendix B, sample forms, is not set out herein but can be found on file with the city. Appendix B contains samples of the following forms: Notice of violation response; citations; notice of violation; emergency suspension order; non-emergency termination order; consect order; administrative show cause order; administrative compliance order and suspension of wastewater service order.