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HomeMy WebLinkAbout1993-11-22 94-28 ORDERCOUNCIL ACTION aY2a- em No. Oats November 22, 1993 Item/Subject: Adopting Enforcement Response Plan Pursuant to Chapter V, Article 9, Section 16.1 of Laws and Ordinances -- Public Sewers and Drains Responsible Department: Legal This Order is designed to complement the passage of the new Sewer Use Ordinance (C.O. 93-157 as amended by substitution). in order to have a fully staffed and functioning Industrial Pretreatment Program, the EPA requires that Publicly Owned Treatment Works (POW) prepare and utilize an Enforcement Response Plan. This Plan Is designed to alert industrial users as to the City's likely response to violations of its Sewer Use Ordinance. The Plan was prepared by Al Jellison, Pretreatment Coordinator, pursuant to an EPA guideline. It has been reviewed and found to be consistent (cont'd on next page) Department Read - s:Vwq.. I i City Manager Associated Information: Order, Enforcement Response Plan Finance Director Aity Introduced For NEW BUSINESS f� A Passage First Reading Referral Page 1 Of 13 96-28 ORDER, Adopting Enforcement Response Plan (cont'd) with the new Sewer Use Ordinance by Bruce N. Shibles, Rest. City Solicitor. It has been approved by the EPA and has been followed within the last couple of months in response to violations by local Industrial users. While the Plan focuses on industrial users, it could conceivably be used to respond to any violation of the new Sewer Use Ordinance by any user of the POM. Formal approval of this Plan is required by the EPA and Section 16.1 of the new Sewer Use Ordinance. Aaeimed b CusncUor B1Anehette November 22, 1993 CITY OF BANGOR or Q�Tff.) �Yi1ET Adopting Enforcement Response Plan Pursuant ,.............. _.... to Chapter V, Article 9, Section 16.1 of the Laws and Ordinances Of she City of Bangor ............. __.......... _.. _._ __.. ....... BYW City Cwtmit of W MV of Banmv THAT pursuant to Chapter V, Article 9, Section 16.1 of the Laws and Ordinances of the City of Bangor, the enforcement Response Plan (BRP) attached hereto as Rxhibit A is hereby adopted as the City's general procedure for the enforcement of Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor regarding the use of public Beware and drains. g 94-28 In City Council November 22,1993 0 R D E R Passed Title, Adopting Enforcement Response Plan CIt 'Cle[k Pursuant to Chapters Article 9, Sec. 16.1 of the... Lava and Ordinance.......... of T [Y of.....7o... Councilman CITY OF BANGOR ENFORCEMENT RESPONSE PLAN 1. PURPOSE The purpose of this plan is to document a well defined, legally defensible sequence of steps to be followed when dealing with Industrial users who a out of compliance with the City of Rangor's Industrial Pretreatment Program Ordinances. These formal enforcement actions, will help to resolve any confusion between the City and its industrial users s to the consequences of repeated or continuing n - aompllance and are intended to ensure equitable treatment of ll industrial users. EPA regulations require the City to take specific enforcement action against users found to be significant n c - ompliance with ,the pretreatment ordinance• This EnforcemeatResponse Plan defines the conditions under which the City must cite a user for significant non-compliance and lists appropriate enforcement measures to remedy such situations. EPA guidelines also require that the selected enforcement ,sponse be appropriate to the extent of the pretreatment program violation. While a telephone call to the industry might be appropriate for a late report submission, a more severe response is needed for aserious violation which, for example, might Include a upsenf thetreatment plan used by a industrial discharge. This EPA guideline based Enforcement Response Plan will Consider the following criteria when assessing the appropriateness of a particular response: A. Magnitude of the violation; E. Duration of the violation; C. Effect of the violation on the receiving water; D. Effect of the violation on the treatment plant; E. Compliance history of the industrial user; F. Good faith effects on the part of the industrial user; G. Degree to user's responsibility for the violation. The City will follow this Enforcement Response Plan to the greatest extent possible when contemplating compliance with and enforcement of Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor, however, nothing herein will preclude or otherwise limit the City from taking any action, including emergency actions or other enforcement actions, prior to undertaking any initial enforcement procedure noted herein, including issuance of a Notice of Violation (NOV). 'snfoccament Response Plan - 94-28 Page 2 -dA :eiuad he City i5eri_1i1, in::... mal use.. that are ix significant non-compliance with the requirements of the federal pretreatment program regulations. Users found to be in significant n - ompliance a subject to EPA mandated enforcement action by the City, and the annual publishing of their violations in the area0s largest newspaper. Federal regulations define significantnon-compliance (SNC) as violations which meet at least one of the following criteria: A. Violations of Industrial wastewater discharge permit limits; (1) Chronic violations - Sixty-six percent or more of the license parameter menu exceed the maximum limit or the average limit in asix month period (any magnitude of excess). (2) Technical Review Criteria (RRC) violations - Thirty three percentor of the license parameter measurements mix month periodceed the maximum limit or thea rage limit by more than 40% for BOD, TSS, fats, oils or grease; or by 20% for all Other pollutants. (3) Any other violations of effluent standards (average or maximum) that the Superintendent believes has caused alone ozin combination with other discharges, interference with the treatment plan processes, pass-through; or endangered the health of sewage treatment personnel or the public. (4) Any discharge of a pollutant that has caused imminent endangerment to human health/welfare and tothe environment and has resulted in the treatment plant's exercise of Its emergency authority to halt or prevent such a discharge. B. Violations of any compliance schedule milestones contained in an administrative order for starting construction, completing construction, and attaining final compliance by 90 days or more after the schedule date. C. Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, 90 -day compliance reports, and Periodic reports) within 30 days from the due date. D. Failure to accurately or expeditiously report non- compliance. E. Any other violation or group of violations that the Superintendent considers to be significant. 'enforcement Response Plan Pass °4-28 Page 3 b) Is 3. SELECTION OF ENFORCEMENT RESPONSES causing Table 1 represents an Enforcement Response Guide based o r measures ended EPA response for varying degrees of permit permit violations. The Guide will be used by the City to determine appropriate m n the event of aviolation of the City's pretreatment requirements. Selection enforcement response will be appropriate a based on hof e the psEo following steps: A. The City will locate the type Of non-compliance in the first column of the Response Guide. B. Using column two, the City will identify theost accurate description of the nature of the violation C. The City will assess the appropriateness of the recommended n responses i column three. First offenders, orthose demonstrating good faith progress may merit a more lenient response. Similarly, repeat or frequent offenders or these demonstrating negligence may require more stringent response. Furthermore, the City will judge the violation by seven additional criteria: (1) Magnitude - Generally, as isolated instance of non- compliance can be met with a informal response or a Letter of Violation (LOV) n However, since even an isolated violation could threaten publichealth andthe environment, damage public and private property, or threaten the integrity of Bangor's Industrial Pretreatment Program (i.e., falsifying a self-monitoring report, all instances of significant non-compliance will be responded to with an administrative order (AO) which requires a return to compliance by a specific deadline. (2) Duration - Violations, regardless of severity, which continue over prolonged periods of time will subject the violator to escalated enforcement actions. Minor violations which are chronic In nature are one form of significant non-compliance o- ompliance and will be dealt with through the use of Administrative Orders (AOs). (3) Effects of the Receiving Water - Any violation which causes environmental harm will be met at a minimum with a administrative order and a fine. Environmental farm will be presumed whenever an industrial discharge: a) Pass through the City treatment plant; b) Is directly responsible for causing violation of Bangor's NPDES permit, including 'Enforcement Response Plan Page 4 its water quality standards; or c) Has a toxic effect on the receiving waters, such as a fish kill. In addition, the response will be designed to recover any NPDES fines paid by the City which are the result of the industry's discharge. (4) Effecton the POPOW- Any violation having a negativeimpactothe treatment plant or collection system (sucM1s treatment costs, harm to treatmentpainincreasedpersonnel or equipment, pipe corrosion, etc.), which hinders the operation of the plant, or which contaminates the plant's sludge thereby reducing sludge disposal options will be met with a fine or civil penalty as well as the recovery of the additional costs and expenses involved. (5) Compliance History of the User - A pattern of curring violations (even of different program requirements) may indicate either that the user's treatment system is inadequate or that the user has taken a lackadaisical approach to operating and maintaining its treatment system. These indications should alert the City to the likelihood of future significant non-compliance. Accordingly, stronger enforcement options should be applied against users exhibiting consistent compliance problems that against those with only an occasional problem. (6) Good Faith of the User - Generally, a demonstrated willingness to comply should Predispose the City to select one of the less stringent enforcement actions specified provided the violation has not caused a serious treatment plant upset or resulted in environmental damage. However, good faith does not eliminate the ncessity of a enforcement action and compliance win th previousenforcement orders should not necessarily be considered as good faith. (7) Responsibility of the User - Although industrial users should always be held accountable for their violations, some consideration should be given to whether the violation was the result of an unforeseeableaccident, spreventable r was intentional on the part of the user. Thiswill affect the enforcement responsive selection by the City from the range of responses provided. ',Enforcement Response Plan - 94-28 Page 5 D. Column Four designated personnel who is responsible for that action. E. The City will document,rwriting to the the rationale for selecting the particular enforcement response applied. F. The City will apply the enforcement response to the violator. The City will specify the corrective action o other response of the industrial over including response time limits. C. The City will document any industrial user's responses and the resolution of non-compliance. H. The City will follow-up with an escalated enforcement action if an Industrial user r esponse r not received within 30 days, or sooner ifappropriate for severe violations contlnoe. 1. The City normally will send out a NOV to the violator a a first step In the enforcement proceedings. However, the City may elect to bypass this step in favor of an AO when it appears that the violation requires immediate remedial action. -Enforcement Respon a Plan 94-28 gage 6 KEY TO ACRONYMS AND ABBREVIATIONS An Administrative Order. Civil Civil litigation against the industrial user seeking Litigation equitable relief, monetary penalties, and actual damages. Criminal Pursing punitive measures against a individual Prosecution and/or organizationthrough a court of law. Fine Monetary penalty assessed by the City. IU Industrial user. Meeting Informal compliance meeting with the IU to resolve recurring noncompliance.' MOV Notice of Violation. PC Pretreatment Coordinator. S Superintendent or his/her authorized representative. SV Significant Violation. Show Cause - Formal meeting requiring the Iu to appear and demonstrate why the City should not take a proposed enforcement action against it. The meeting may also serve as a forum to discuss corrective actions and compliance schedules. NONCOMPLIANCE Nature of Violation TABLE 1 ENFORCEMENT RESPONSE GUIDE A ILLEGAL DISCHARGE 1) Unpermitted discharge Discharger seaward of permit (no permit) requirement; No harm to POW or to the Envirofinent. Results in violation of PON NPOES permit, or dangerous situation-Sigoificaut Non- compliance. on- comply e. 2) Neckar, itted dichatge Failure to apply for permit ( expired permit) renewal. No damage tcPOTW or Environment. Results in violation of POW NPOES permit, or dangerous situation- Significant Non- compliance. E OISCEARGE PERMIT VIOLATIONS 1) Exceedance of discharge Isolated, Noun agora ..... limits. (local or categorical) Frequent, Done igni£icant ( repeated offense) Significant Noncompliance Caused known Environmental r POW damage or worker health hazard. Initial Response; Follow-up ------------------------- NOV and application or Administrative Order issued within 14 days of identifying the violation: requires a permit application wtbin 30 days and the results of analysis• within 60 days: proposed fine ofy$300-�a $500. Administrative Order issued as s passible, but in any case within 5 days to immediately halt dlebhagge Fine or civil litigation seeking penalties Of $1000 to $2500 per day: Terminate service. Telephone call and letter of Violation should be made within 5 days of detection. Administrative Orden issued a s possible, but in any cage within 5 days to immedi as halt discharge Fine or civil litigation seeking penalties of $1000 to $2500 per day: Terminate service. _ PC PC PC 5 PC PC S Telephone cell and letter of Violation within 5 days PC of receipt of laboratory results requiring written report with corrective and preventitive:-action taken to prevent recurrence. ( 1st/2nd offense) He efing with violator orshow cause hearing requested within 14 days of detection of violation; Meeting will be held PC within 30 days of detection of the vlolatlea.:Proposed Fine of $300-$500.. Admiaistrative Order issued within 5 days with compliance PC schedule: Fine of $1000 per day of violation or civil S litigation Seeking Venality of $1000 to $2500 per day. Administrative Order issued within 5 days to ihfoediately PC halt discharge; Fine, civil litigation. Or criminal $ prosection. 2) Slug load discharge Isolated without known continous; damage. Significant Noncompliance Isolated with known damage, Complete failure to Significant interference. pass-through. ample, monitogor Significant Noncompliance Recurring Significant Non- compliance. G. SAMPLING, MONITORING, AND REPORTING VIOLATIONS 4) I) Minor aampling, monitor -Isolated or infrequent. ing or reporting ( 1st/2nd offense) deficiencies. compliance Frequent or ¢mutinous 2) Major sampling, monitor Isolated or infrequent. -ins or deficiencies. ( Ist/2M offense) NOV; Administrative Odder iasued within 14 days to PC develop a spill control plan within 30 days. Fine or civil litigation seeking penalty of $500-$700 PC and recovery of costs; Terminate service. 5 Fine or civil litigation seeking penalty Of $1000- PC $2500 per day and recovery of costs; Terminate service a Telephone call and NOV Issued within 14 days of detection NOV issued within 5 days; Proposed Fine $100-$300. PC NOV issued within 5 days of detection; Meeting with violator requested within 14 days. Proposed $300-$500 PC fines. Meeting or show cause hearing requested within 14 days; PC Fine Or civil litigation seeking penaltleeef $500. S Administrative Order with compliance schedule issued within 5 days of detection of violation; Civil litigation and/or PC criminal prosecution seeking penalties of $1000-$2500 per 5 day; Terminate service. Fine; Civil litigation and/or criminal prosecution seeking 5 penalties of $1000-$2500 per day until schedule is filed. NOV; Administrative Order issued within 14 days of detection Pe Frequent or continued violation Show cause hearing requested within 14 days; AO issued PC Significant Noncompliance. within 5 days of detection; Civil litigation seeking S penalties Of $1000 per day per violation; Criminal prosecution. Frequent or continous; Significant Noncompliance 3) Complete failure to Significant Noncompliance. ample, monitogor repo[[ is n than e 30 days late. 4) Failure to submit Violation of Administrative schedule of Order compliance 5) Failure to otify of Isolated or infrequent, No e£floent limit violation known effects. or slug discharge NOV; Administrative Odder iasued within 14 days to PC develop a spill control plan within 30 days. Fine or civil litigation seeking penalty of $500-$700 PC and recovery of costs; Terminate service. 5 Fine or civil litigation seeking penalty Of $1000- PC $2500 per day and recovery of costs; Terminate service a Telephone call and NOV Issued within 14 days of detection NOV issued within 5 days; Proposed Fine $100-$300. PC NOV issued within 5 days of detection; Meeting with violator requested within 14 days. Proposed $300-$500 PC fines. Meeting or show cause hearing requested within 14 days; PC Fine Or civil litigation seeking penaltleeef $500. S Administrative Order with compliance schedule issued within 5 days of detection of violation; Civil litigation and/or PC criminal prosecution seeking penalties of $1000-$2500 per 5 day; Terminate service. Fine; Civil litigation and/or criminal prosecution seeking 5 penalties of $1000-$2500 per day until schedule is filed. NOV; Administrative Order issued within 14 days of detection Pe Frequent or continued violation Show cause hearing requested within 14 days; AO issued PC Significant Noncompliance. within 5 days of detection; Civil litigation seeking S penalties Of $1000 per day per violation; Criminal prosecution. 6) Evil... to Install Continued Significant Non - monitoring equipment .¢ pliant,. D. COMPLIANCE SCNEONLE VIOLATIONS 1) Missed milestone date Will n effect other milestone date, n: final data. Will effect .that milestones or final date. Will affect other milestones or final date. Violation our for good cause. 2) Failure to Did not albeit report hot did ompliaace schedule complete milestone: reporting requirements AN issued within 5 days of detection; Temporarily PC suspend service if agreed upon compliance date is exceeded S by 30 days. Telephone call and NOV issued within 5 days of milestone PC date passage. Meeting requested ulthi, 14 days or prior to milestone PC date; AO issued within 5 days of missed milesta a date. S Show cause heating requested within 14 days or prior to PC next milestone date; Pine or seek civil penalties of $500- S $2500 per day of violation. Telephone call and NOV issued within 14 days of detection PC violation. Ofd not submit report or emplete NOV; AN issued within 5 days of missed milestone date{ PC milestone. Proposed fines of $300-$500. 5 3) Missed final date Good cause Telephone call all NOV Segued within 5'days of rinsed date. PC 30 days or more outstanding; u Show cause hearing requested within 14 days of detection; PC Failure o refusal[ mply AO with fills; Tud ical action S without gold cause. 4) Reporting false Any instance Significant Non- Referral to prosecutor for criminal investigation; civil S information Compliance litigation and/or criminal prosecution seeking maximum penalties allowed by State law ( at least $1000 per day per Violation ); Termination of service. E. Spill Incidence 1) Spill incident Reported and investigated. NOV issued at time of inspection; Meeting requested PC within 14 days of detection; AO S Failure to report spill NOV; Meeting within 14 days of detection: AO with PC proposed fines of $3004500. 2) Repeated spills Failure to develop or upgrade NOV; AO with fines: eh IN cause hear L:N to be held within PC : spill prevention pmgren 30 days of notification 1 0 Failure to act der of Judicial aneion : Terminate ser,ice. compliance meeting and results in known environmental damage or POIN damage. P. VIOLATIONS DEMISE DURING FIELD INSPECTIONS/ INVESTIGATIONS 1) Mimr vloleri" of any instanced Telephone call and NOV issued within 14 days PC analytical Processes of receipt ofmonitoring r sults. 2) Najor violation of No evidence of negligence or NOV; Heating to be held within 30 days of notification PC analytical procedures intent AD issued within 14 days of receipt of monitoring results. Evidence of negligence or intent AO or civil action and penality: Passible criminal PC Significant Non-compliance prosecution. S 3) Minor violation of No evidence of neligmce or NOV; AO for immediate collective action required PC permit condition intent Evidence of ,gliaenca or intent AO or civil litigation and placidly: Feasible criminal PC prosecution{ Terminale services. 5 4) Major violation of Evidence of negligence or intent AO or civil litigation and penallty: Possible criminal PC permit condition Significant Non-compliance prose cu Cion( Terminate aefvicea. 5 G. OTHER PERMIT VIOLATIONS I) Wastestreams are diluted Initial violation AO with fines PC in lieu of treatment 0