§ 12A-8-4 Enforcement actions.
(A) Determination of the appropriate enforcement response to noncompliance will vary based on the type, nature and severity of the violation as provided in the Enforcement Response Table. Each act and each day of noncompliance will constitute a separate violation. Once noncompliance is determined, the Director will provide notice of the violation(s) to the User. The type of notification will vary depending on the severity of the violation.
(B) The Director may take the enforcement action determined appropriate by the Director. The Enforcement Response Table is a guideline and in no way is intended to limit the Director’s ability to pursue any and all action it deems appropriate and warranted based on the allegations and in whatever order is determined to be appropriate.
(1) Inspection and Monitoring. When permit or discharge violations occur, the Director may perform an inspection of the facility to assess if the violation has been corrected and if the facility is operating normally. Inspections are typically not scheduled ahead of time. The User must allow the Director access to the facility for sampling and inspection purposes within a reasonable timeframe from inspection notification.
(2) Informal Notification.
(a) Verbal Warning Notice may be given for minor violations and involves the Director notifying the User that a violation(s) has occurred, identifies the required corrective action(s) and the time frame in which the corrective action(s) must be completed. The Director may also schedule additional inspections and/or sampling and/or any other action deemed appropriate by the Director.
(b) Written Warning Notice may be given in writing for minor or moderate violations and involves the Director notifying the User that a violation(s) has occurred, identifies the required corrective action(s) and the time frame in which the correction action(s) must be completed. The Director may also schedule additional inspections and/or sampling and/or any other action deemed appropriate by the Director.
(c) All enforcement actions will be documented in writing and placed in the User’s pretreatment file. (Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)