(A) The Enforcement Response Plan (ERP) outlines the procedures followed by City staff to identify, document, and respond to discharge violations in a manner appropriate to the nature of the violation. This ERP was developed in accordance with 40 CFR 403.8(f)(5); and this chapter. In addition, the ERP describes the responsibilities of the City’s Pretreatment Program staff and procedures.

(B) The Director shall enforce and provide consistency in the implementation, application, regulation and enforcement of this chapter; approve enforcement actions; oversee proceedings; assess administrative fines and approve termination of water and wastewater services when appropriate.

(C) The City Attorney will provide consultation as requested by staff for issues needing legal clarification, regulatory issues, developments, changes, and for procuring search warrants; advise City staff during Administrative Enforcement matters as required; consult with the Program Manager on Administrative Enforcement actions. The Attorney will act as lead on all referrals by staff for civil litigation or criminal investigations or any other Judicial Enforcement on behalf of the City.

(D) The Programs Manager (PM) is responsible for the overall management of the Industrial Pretreatment Program (IPP). The PM position is responsible for ensuring that the IPP meets all Federal, State, and local pretreatment program requirements, and this chapter and policies. The PM has signatory responsibility for issuance of major enforcement actions; administrative complaints and presents the case at an administrative hearing if necessary. The PM prepares documentation and determination of noncompliance, drafts appropriate enforcement action, tracks enforcement follow-up and recommend closure for major enforcement actions, including emergency suspension and termination of service.

(E) The Pretreatment Supervisor (PS) is responsible for general oversight and planning of all activities pertaining to user compliance. The PS supervises the identification and characterization of any instances of noncompliance by users. This includes documentation of all inspection and monitoring activities necessary to determine the compliance or noncompliance of a discharger with this chapter, Wastewater Discharge Permits (WDPs), and Federal Pretreatment Standards and Requirements. The PS is responsible for development of an overall inspection and sampling plan, including resource scheduling and standard operating procedures. The PS is responsible for the day-to-day oversight of staff implementation of all activities pertaining to user compliance, including administering user inspection and monitoring programs. As necessary, the PS reviews inspection reports, sampling, and quality control/quality assurance documentation prepared by staff prior to filing. The PS is responsible for ensuring that time frames for sampling, inspections, user compliance, and filing of documentation are achieved in accordance with the requirements of the ERP and IPP policies. The PS has signatory responsibility for issuance of minor level enforcement (warning letters and notices of violation) and intermediate level enforcement (administrative orders) and assists in documentation for assessment of administrative fines.

(F) The Sr. Industrial Pretreatment Inspector and Industrial Pretreatment Inspector (IPI) are responsible for conducting the user monitoring and inspection program. The IPI has routine, direct contact with the various users of the sewer system. The IPI prepares inspection reports for review and submittal to users. In addition, the IPI is responsible for implementing the general monitoring program in accordance with the IPP policies and required quality control procedures. The IPI reviews all sampling and monitoring data. Based on site inspections and review of user reports, sampling and monitoring data, the IPI is responsible for determining any instance of user noncompliance. The IPI drafts warning letters and notices of violation where appropriate. The IPI has signatory responsibility for issuance of minor level enforcement in the absence of the PS. All finalized enforcement actions will be documented and tracked into the IU’s file.

(G) Levels of Responsibility for Instances of Noncompliance. The following table summarizes staff level of responsibility for enforcement actions. Staff is listed by level of signatory responsibility. It is acknowledged that subordinate staff will assist as necessary in compilation and documentation of noncompliance at all levels of enforcement.