12A-8-3 Determining enforcement response | Goodyear Code of Ordinances

§ 12A-8-3 Determining enforcement response.

(A) The City enforcement procedures are based on three levels of enforcement responses: minor, intermediate, and major. Although the following procedures are primarily directed at permitted users, they can generally apply to any user violating City rules and regulations. User violations of monitoring, reporting, BMPs, and treatment requirements may range from relatively minor violations (e.g., late reports without effluent discharge limit violation) to major violations resulting in treatment plant or collection system upsets. Each instance of noncompliance is a violation and as such is reviewed and appropriately addressed. Selection of the appropriate enforcement response will relate to whether the violation is major or minor, and other factors such as the following:

(1) Duration and Magnitude of Violation. The City will evaluate the duration of the violation to determine the possible effects that may have occurred in the POTW. The assessment of each specific violation should take into account the volume and strength or concentration of the discharge. Depending on the severity, even an isolated violation could threaten public health and the environment, damage public and private property, or threaten the operational integrity of the POTW.

(2) Compliance History of User. The compliance history of the facility is reviewed prior to selecting the appropriate level of enforcement response. More aggressive enforcement actions will be taken when a facility has frequent violations. Also considered is the effectiveness of previous enforcement actions.

(3) Good Faith Effort of User to Resolve Noncompliance. The City will consider the actions of the User, before and after a noncompliance incident, on a case-by-case basis to assess whether the User is acting in good faith.

(4) Degree of Harm Caused by Violation. Violations that have negative impacts to the POTW are typically considered major. For example, violations may result in significant increases in treatment costs; interfere with operations; harm POTW personnel or equipment, cause exceedances of the POTW permit limitations that result in fines from federal or Arizona agencies, or cause sludge contamination resulting in increased disposal costs. These violations may result in an administrative fine or civil fine and an Administrative Order to correct the violation, in addition to recovery of costs.

(5) Effect of the Violation on the Receiving Stream. One of the primary objectives of the Pretreatment Program is to prevent pollutants from "passing through" the POTW and entering the receiving waters. Consequently, any violation which results in environmental harm will be met with an escalated enforcement response. Environmental harm will be presumed whenever an industry discharges a pollutant into the sanitary sewer which:

(a) Passes through the POTW;

(b) Causes a violation of the POTW’s NPDES permit limits;

(d) A minimum response to these types of violations would be an administrative order and referral to the Attorney. In addition, the response should ensure the recovery from the IU of any NPDES fines and penalties paid by the POTW;

(e) Termination of service may also be considered for repeat violations.

The following table presents an outline of escalating levels of enforcement:

Enforcement Level	Response	Types
Minor	Informal Notice	Warning letter Correction notice Telephone call Meeting Provide educational material
	Notice of Violation
	Administrative Fines
Intermediate	Administrative Order	Modification of Wastewater discharge permits Compliance schedules Prohibited actions or obligations to cease and desist Other appropriate orders
Intermediate	Administrative Fines
Major	Emergency Suspension or termination of Permit
	Hearings to show cause
	Administrative Fines
	Publication of SNC and imposition of fines
	Terminate Service
	Judicial Proceedings	Civil Criminal

Upon learning of a violation, the IPP will determine the appropriate enforcement action. All compliance notifications at the level of a notice of violation or above will be in writing but may be initiated by verbal notification. Notification of major, intermediate, and notice of violation enforcement actions will be delivered to the user by certified mail, return receipt requested, or in person. (Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)