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(A) It is the intent of this enforcement section to provide adequate mechanisms to achieve a maximum degree of compliance with this chapter by all Users in an equitable and consistent manner. These enforcement provisions apply to all classes of Users, to the extent such User violates any provision of this chapter or administrative order of the City pursuant to this chapter. To achieve compliance, the IPP will use a variety of enforcement mechanisms. The enforcement mechanisms set forth range from informal administrative action to formal criminal prosecution. This chapter is in place to protect public health and safety, the City’s investment in infrastructure, and the health and safety of personnel working in or on the publicly owned treatment works (POTW) and the environment.

(B) Types of violation include but are not limited to the following:

(1) Random Violation means any violation that exceeds a federal, Arizona, or local discharge limitation or compliance schedule. Random violations may include the first, second, or third offense and may not be severe or frequent enough to be classified as a Significant Violation or a Pattern Violation.

(2) Pattern Violation or Pattern of Noncompliance means any series of random violations that is otherwise not considered to be Significant Noncompliance, but which contributes to a pattern of noncompliance when viewed over a moving 12-month period. Noncompliance for any two consecutive calendar quarters for the same parameter or four or more instances of noncompliance within a six-month period would constitute a Pattern Violation.

(3) Significant Noncompliance (SNC) Violation means any violation meeting the definition at Section 12A-7-2. For Chronic Violations and TRC Violations as defined at Section 12A-7-2, the determination is on a rolling quarter basis. (Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)