§ 98-174. Enforcement guidelines.

The city's enforcement response guidelines designates several alternative enforcement options for each type of violation. Once a violation is identified, an appropriate enforcement response action shall be selected from the short list of enforcement options listed in the matrix.

The following factors must be considered when selecting a response action from the options listed:

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Magnitude of the violation.

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Duration of the violation.

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Violation's effect on the receiving waters, POTW process, and sludge disposal.

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Violation's effect on the POTW treatment costs or harms city personnel, or equipment.

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Compliance history of the user.

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Good faith of the user.

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Documented affirmative defense criteria as per City Code subsection 98-151(g).

After evaluating each of the above factors, the appropriate enforcement response action for the particular violation involved will be selected by authorized city personnel.

The attached guidelines: (1) identify violation type; (2) indicate appropriate initial and follow-up response; and (3) designate personnel responsible for administering each of these responses. The guidelines shall be used as follows:

1.

Locate the type of noncompliance in the first column and identify the most accurate description of the violation.

2.

Assess the appropriateness of the recommended response(s) in column two. First offenders or users demonstrating good faith efforts may merit a more lenient response. Similarly, repeat offenders or those demonstrating negligence may require a more stringent response.

3.

Implement an enforcement action from column two to the user. Specify corrective action or other responses required of the user, if any. The range of responses in column two, are arranged in an escalating order. Column three indicates personnel responsible for administering each response, also in escalating order.

4.

Follow-up with escalated enforcement action if the user's response is not received or violation continues.

4.1

Enforcement escalation plan. The city's enforcement escalation plan is to be utilized to determine which enforcement action is timely and appropriate, and to apply consistency throughout our program. The escalation plan as incorporated into the enforcement response guide under the enforcement response and personnel headings, columns two and three, respectively act as a guideline for enforcement response after consideration of the enforcement response guide section listed above. Once the noncompliance and circumstances have been identified in columns one and two, the range of responses (in column two), is available to the enforcement agent(s). The personnel that can be involved in the enforcement action are listed in column three.

Generally, the responses range from a notice of violation to the termination of sewer and/or water service. If an industry fails to respond to the initial enforcement action (from column two), or the industry continues to remain in violation, then the next response would be enacted in an expeditious manner, per the response time frames outlined below.

4.2

Time frames for responses.

1.

Self-monitoring reports are normally due on the 15th day of the month following the month in which the sample was collected. All self-monitoring reports are reviewed upon receipt by the environmental services division environmental services coordinator and violations will be identified and documented within a reasonable time frame of approximately ten working days. Violations not related to self-monitoring will be identified and documented within a reasonable time frame of approximately ten working days of receiving compliance information.

2.

Initial enforcement responses, involving contact with the user and requesting information on corrective or preventive action(s) will occur within 15 working days of violation detection.

3.

Follow-up actions for continuing or recurring violations will be taken within 60 days of the initial enforcement response. For any continuing violations, the response will include a compliance schedule, if applicable.

4.

Violations, which threaten health, property, or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge or termination of service.

5.

All violations meeting the criteria for significant noncompliance shall result in the facility being published in the local newspaper, as required by 40 CFR Part 403.8(f)(2)(viii). In addition, the city will take appropriate enforcement action(s) based on the criteria listed in this document.

6.

Enforcement response guidelines as set forth in Appendix A.

(Ord. No. O-2012-001-11, § 2(4—4.2), 1-30-12)