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(A) The following table identifies violations and the general enforcement response options that may be taken by the Director that shall apply to all Industrial Users. The table is intended to be a reference only, and is not intended to identify all possible violations or limit the Director’s response to a violation. At all times the Director retains the right to take any enforcement action, in response to an identified violation, which it deems appropriate including all civil and/or criminal actions available by law. All enforcement response options include the possible imposition of fees, fines, costs, reasonable attorney fees, court costs and any and all other expenses associated with inspection, and enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

(B) Enforcement Response Table.

Violation

Nature of Violation

Enforcement Response Option

Administrative Fines

Un-Permitted Discharges

Un-Permitted Discharge

User Aware Of Requirement; No Harm to the POTW Or Environment

Verbal Warning, Warning Notice, NOV With Permit Application Form, Resample Discharge, Unannounced Inspection, Unannounced City Monitoring

Up to $1,000 per day per violation

User Aware Of Requirement; Discharge Causes Harm to the POTW Or Environment

NOV, Resample Discharge, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $10,000 per day per violation

Failure To Comply; Discharge Continues After Notice By City

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $25,000 per day per violation

Failure to Renew Permit

Permit Expired; No Application Submitted

NOV, Administrative Order, Civil and/or Criminal Action, Terminate Sewer Connection

Up to $10,000 per day per violation

Discharge Limit Violations

Exceedance of Local Limit, Permit Limit or Federal Standard

Random Violation; No Harm to POTW or Environment

Verbal Warning, Warning Notice, NOV, Resample discharge, Unannounced inspection, Unannounced City monitoring

Random violation; Discharge Caused Harm to POTW or Environment (SNC)

NOV, Resample discharge, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $10,000 per day per violation

Pattern Violation; No Harm to POTW or Environment

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $10,000 per day per violation

Pattern Violation; Discharge Caused Harm to POTW or Environment (SNC)

NOV, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate sewer connection, Revoke Permit

Up to $10,000 per day per violation

Pattern Violation with Knowledge, Intent or Negligence (SNC)

NOV, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate sewer connection, Revoke Permit

Up to $25,000 per day per violation

Monitoring and Reporting Violations

Reporting Violation

Report Improperly Signed or Certified

Verbal Warning, Warning Notice, NOV

Report Improperly Signed or Certified After Notification By City

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $1,000 per day per violation

Random Violation No Harm to POTW or Environment Report, Reported Less Than 30 Days Late

Verbal Warning, Warning Notice, NOV

Unannounced inspection

Report late ≤ days

Verbal Warning, Warning Notice, NOV

$50 per day

Report late 6 - 29 days

NOV, Compliance Meeting

$100 per day

Report late, 30 days or more

NOV, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

$500 per day

Missing or Incomplete Information in Report

Verbal Warning, Warning Notice, NOV

Failure to Correct Report with Missing or Incomplete Information After Notification by City

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $5,000 per day per violation

Failure to Report Spill or Changed Discharge; No Harm to POTW or Environment

Verbal Warning, Warning Notice, NOV, Resample discharge, Unannounced inspection, Unannounced City monitoring

Up to $1,000 per day per violation

Failure to Report Spill or Changed Discharge; Discharge Caused Harm to POTW or Environment (SNC)

NOV, Resample discharge, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $10,000 per day per violation

Repeated Failure to Report Spills or Changed Discharge

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate sewer connection, Revoke Permit

Up to $10,000 per day per violation

Falsification of Information in Report

NOV, Show Cause Meeting, Administrative Order, Criminal and/or Civil Action, Terminate Sewer Connection, Revoke Permit

Up to $1,000 per day per violation

Failure to Monitor Correctly

Failure to Monitor All Pollutants as Required by Permit

Verbal Warning, Warning Notice, NOV

Pattern Violation or Evidence of Intent (SNC)

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil Action, Terminate Sewer Connection, Revoke Permit

Up to $5,000 per day per violation

Improper Sampling

Random Violation

Verbal Warning, Warning Notice, NOV, Resample Discharge, Unannounced Inspection, Unannounced City Monitoring

Pattern Violation or Evidence of Intent (SNC)

NOV, Show Cause Meeting, Administrative Order, Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $5,000 per day per violation

Failure to Install Monitoring Equipment

Delay of 30 days or more after notification by City

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $1,000 per day per violation

Compliance Schedules

Missed Compliance Deadline by Less Than 30 Days

Verbal Warning, Warning Notice, NOV

Missed Compliance Deadline by More Than 30 Days; USER Has Good Cause For Delay

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order

Up to $500 per day per violation

Missed Compliance Deadline by More Than 30 Days; USER Does Not Have Good Cause For Delay (SNC)

NOV, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $1,000 per day per violation

Pattern Violation or Violation of Schedule in Administrative Order

NOV, Show Cause Meeting, Administrative Order, Fines, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $5,000 per day per violation

Other Permit Violations

Water Streams Diluted in Lieu of Treatment

Random Violation

Verbal Warning, Warning Notice, NOV, Resample Discharge, Unannounced Inspection, Unannounced City Monitoring

Pattern Violation

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Fees/Fines, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $5,000 per day per violation

Failure to Mitigate Noncompliance or Halt Production

Discharge Causes No Harm to POTW or Environment

Verbal Warning, Warning Notice, NOV, Resample Discharge, Unannounced Inspection, Unannounced City Monitoring,

Up to $1,000 per day per violation

Discharge Causes Harm to POTW or Environment

NOV, Resample Discharge, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $10,000 per day per violation

Failure to Properly Operate and Maintain Pretreatment Facility

Random Violation

Verbal Warning, Warning Notice, NOV, Resample Discharge, Unannounced Inspection, Unannounced City Monitoring

Pattern Violation

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $1,000 per day per violation

Violations Observed During Site Visit/Inspection

Entry Denial

Entry Denied or Consent Withdrawn; Copies of Records Denied

Warning Notice, NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $100 per day per violation

Illegal Discharge

Discharge Causes No Harm to POTW or Environment

Verbal Warning, Warning Notice, NOV, Resample Discharge, Unannounced Inspection, Unannounced City Monitoring

Up to $500 per day per violation

Pattern Violation; No Harm to POTW or Environment

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order

Up to $1,000 per day per violation

Discharge Causes Harm to POTW or Environment or There is Evidence of Intent or Negligence

NOV, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action, Terminate Sewer Connection, Revoke Permit

Up to $10,000 per day per violation

Improper Sampling

Incorrect Location, Sample Type, or Collection Procedure

Verbal Warning, Warning Notice, NOV, Resample discharge

Inadequate Record Keeping or Documentation

Files incomplete or Missing Information; Initial Violation

Verbal Warning, Warning Notice, NOV

Pattern Violation After Notice From City to Correct

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Civil and/or Criminal Action

Up to $5,000 per day per violation

Failure to Report Additional Monitoring

Inspector Finds Additional Files/Records; Initial Violation

Verbal Warning, Warning Notice, NOV

Pattern Violation After Notice From City to Correct

NOV, Compliance Meeting, Show Cause Meeting, Administrative Order, Administrative Fines, Civil Action, Terminate Sewer Connection, Revoke Permit

Up to $5,000 per day per violation

(Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)