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HomeMy WebLinkAboutReso 2020-111 - Adopting its Enforcement Repsonse Plan as Required by RMC Ch. 14.16 Pertaining to Sewers RESOLUTION NO. 2020-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING ITS ENFORCEMENT RESPONSE PLAN AS REQUIRED BY REDDING MUNICIPAL CODE CHAPTER 14.16 PERTAINING TO SEWERS WHEREAS, Section 14.16.480 of the Redding Municipal Code, entitled Enforcement Response Plan, states: Except as hereinafter provided, all persons discharging industrial wastewater to the City's sewer collection system shall be governed by the City's Enforcement Response Plan procedures. Said Plan may be adopted by resolution of the City Council, and amended from time-to-time as necessary; and WHEREAS, the Enforcement Response Plan adopted by this Resolution will replace the previous Enforcement Response Plan dated June 15, 2010, adopted by Resolution No. 2010- 62; NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Redding hereby adopts its Enforcement Response Plan, a true copy of which is attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 1 st day of September, 2020, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Dacquisto,Resner,Schreder,Winter,and McElwain NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ADAM McELVAIN, Mayor ATTEST: FORM APPROVED: PAMELA MIZE, City rk BARRY E. De ALT, City A torney ENFORCEMENT RESPONSE PLAN City of Redding Shasta County, California Prepared by: City of Redding Public Works, Industrial Waste Division P.O. Box 496071, Redding, CA 96049-6071 Telephone: (530) 224-6068 Fax: (530) 224-6052 iia%aste(ct,citvofreddin11.orL" July 2020 TABLE OF CONTENTS Sections: Page Abbreviations ........................................................................................................................... 3 I. Purpose .......................................................................................................................... 4 II. Industrial User Inventory............................................................................................... 4 III. Collecting Industrial User Information and Identifying Non-compliance .................... 4 IV. Selecting Appropriate Enforcement Action .................................................................. 5 V. Resolving Non-Compliance........................................................................................... 5 VI. Industrial Wastewater Discharge Permit Issuance Procedures...................................... 5 VII. Enforcement Response Guide........................................................................................ 7 A. Technical Violations ......................................................................................... 7 B. Administrative Violations ................................................................................. 9 C. Enforcement Response Descriptions and Personnel ......................................... 10 D. Definitions ........................................................................................................ 11 — 2 — ABREVIATIONS AEA - Administrative Enforcement Actions as in RMC 14.16.600-690 BMP - Best Management Practice as in RMC 14.16.020 and Appendix D CDO - Cease and Desist Order as in RMC 14.16.640 and Appendix D CN - Correction Notice ERP - Enforcement Response Plan as in RMC 14.16.480 and Appendix D NOV - Notice of Violation as in RMC 14.16.600 and Appendix D NPDES - National Pollutant Discharge Elimination System POTW - Publicly Owned Treatment Works (operated by the City of Redding) as in RMC 14.16.020 and Appendix D SIU - Significant Industrial User as in RMC 14.16.020 and Appendix D SNC - Significant Non-Compliance as defined in RMC 14.16.020 and Appendix D — 3 — I. PURPOSE The Enforcement Response Plan (ERP) establishes a framework for the Industrial Waste Division to manage an enforcement protocol, to achieve and maintain Industrial User compliance with wastewater discharge requirements as based upon Redding Municipal Code Chapter 14.16, State, and Federal requirements. II. INDUSTRIAL USER INVENTORY A compliance tracking and enforcement system requires a complete and accurate compilation of pertinent data on all Industrial User's discharging to the City's Publicly Owner Treatment Works (POTW). Ongoing industrial inventory activities have followed a thorough survey within the jurisdictional boundaries of the City. The Industrial User inventory is continually updated in several ways by the Industrial Waste staff. The City procedures include a detailed review and approval of all proposed industrial/commercial construction and tenant improvement projects. The City's Customer Service Department, Community Development Department and sewer service rate review procedure also contribute pertinent information for updating the Industrial User data base. A monthly summary of all new business licenses issued by the City of Redding is also viewed on the City's Intranet, printed, reviewed, and filed by Industrial Waste staff. III. COLLECTING INDUSTRIAL USER INFORMATION AND IDENTIFYING NON- COMPLIANCE Once detailed information is obtained on an Industrial User through an industrial waste survey, an industrial user file is created. If an Industrial User is identified as meeting the definition of a Significant Industrial User (SIU), staff sends an application to the SIU for issuance of an Industrial Wastewater Discharge Permit. Upon completion of the permitting process, specific inspection, sampling, monitoring, and enforcement requirements are included in the wastewater discharge permit. Following issuance of an industrial wastewater discharge permit to the SIU, routine inspections, collection of information and sample data begins. Collecting and distributing specific information on an industry is performed by Industrial Waste staff. The compliance screening process begins with the review of the Industrial User data (i.e. sample analysis data, field inspection reports, correction notices, notice of violations, etc.). The staff review allows the Industrial Waste Section to satisfy the following responsibilities: 1. Numerical and non-numerical violations are reviewed and responded to in a timely manner. 2. Notification is given to the violating Industrial User, to ensure corrective measures are initiated. 3. Initiates tracking and monitoring procedures to achieve compliance. 4. Monitors enforcement activity of staff. File information is maintained for each permitted SIU. These files generally include SIU facility description, baseline monitoring reports, monitoring data, inspection reports, summary of violations, enforcement actions, phone log, and other relevant information. This historical information is maintained on Industrial Users to evaluate their performance and to monitor any enforcement activity necessary to assure compliance with Redding Municipal Code Chapter 14.16. —4 IV. SELECTING APPROPRIATE ENFORCEMENT ACTION The violations and discrepancies identified in the screening process are evaluated to determine the degree of enforcement activity required. The Industrial Waste Section has established defined enforcement policies (Appendix B) for differing types of non-compliance. Each violation of effluent limits requires enforcement action as described herein. The enforcement procedures are designed to escalate enforcement actions until compliance is achieved. These procedures also provide a standardized approach for progressing through the enforcement process for any industrial user non-compliance. V. RESOLVING NON-COMPLIANCE Chapter 14.16 of the Redding Municipal Code and Industrial Waste Discharge Permits, provide the City with legal mechanisms to enforce the Pretreatment Program required by the City's NPDES permits. The Industrial Waste Division will utilize a range of enforcement mechanisms to achieve the maximum degree of Industrial User compliance. The enforcement mechanisms range from simple reminders to significant legal penalties. The enforcement mechanisms are separated into two categories: Technical Violations and Administrative Violations. VI. INDUSTRIAL WASTEWATER DISCHARGE PERMIT ISSUANCE PROCEDURES The initial steps in the permitting process begins with the creation of a file for the proposed industrial user. The wastewater discharge permit application and associated forms are then sent to the proposed industrial user. The application should be completed and submitted within 90 days. The Industrial Waste division contacts the proposed industrial user several days after the mailing date to verify receipt. A meeting may be scheduled to assist the proposed industrial user in the completion of the application. All industrial waste discharge applications must be signed by the authorized Industrial User representative as defined in Redding Municipal Code, Chapter 14.16 before processing of the permit can begin. Upon submittal, the application is processed by Industrial Waste division staff. A post submittal permit inspection may be conducted to verify the submitted data. Processing by the Industrial Waste staff then progresses to the issuance of a wastewater discharge permit. If the permit application is not submitted within the 90-day time frame, the Industrial Waste Analyst issues a"Correction Notice" (CN) and pursues the submittal of the application. The Administrative Violation section of this plan identifies the progressive enforcement steps if the correction notice does not achieve compliance. The permit is signed only by the Industrial Waste division supervisor, or designee. The Industrial User may request for a ruling on or seek an appeal of the permit issued by following the Request for Ruling, and Appeal requirements established in Redding Municipal Code, Chapter 14.16. An existing industrial user applying for permitting or re-permitting shall submit a fully completed discharge permit application 90 days prior to the existing permit expiration date. All required documents (i.e., plumbing plans, water bills, manifests, etc.) are to be submitted with the application. Extension requests will be considered by IWD (Industrial Waste Division) staff. — 5 — When a permit has been revoked, the City may plug or disconnect the Industrial User's industrial sewer connection to prevent industrial discharges to the City's sewer. Any later re- connection will be at the sole expense of the same Industrial User, following issuance of a new wastewater discharge permit by the City. A Cease and Desist Order(CDO), permit suspension, or permit revocation can be issued at any time a discharge presents an imminent hazard to the public health, safety or welfare, to the environment, to the City's sewerage system, to POTW worker safety or welfare, or causing the City to violate it's NPDES permit to discharge whether alone or in combination with other user contributions. —6 — VII. ENFORCEMENT RESPONSE GUIDE A. TECHNICAL VIOLATIONS TECHNICAL VIOLATIONS ENFORCEMENT RESPONSE la. Violation of Local Limit or Pretreatment Standard, • Correction Notice Isolated Event, No Harm to POTW • Follow up sample within 30 days • NOV I b. Violation of Local Limit or Pretreatment Standard, • NOV Isolated Event, Harm to POTW • Show Cause Hearing • Compliance Order • Legal Action lc. Violation of Local Limit or Pretreatment Standard, • Compliance Schedule Recurring (3`d occurrence in 6 months) • Show Cause Hearing • Compliance Order • Legal Action • Terminate Service Id. Violation of Local Limit or Pretreatment Standard, • Public Notification Meets Definition of Significant Non-Compliance stating that the Industrial User is in Significant Non- Compliance 2a. Un-permitted discharge, IU unaware of requirement, • Correction Notice No Harm to POTW 0Inspection(s) • Permit Application • NOV • Consent Order 2b. Un-permitted discharge, IU unaware of requirement, • Correction Notice Harm to POTW 0Inspection(s) • Permit Application • NOV • Consent Order • Show Cause Hearing • Compliance Order • Legal Action • Terminate Service 2c. Un-permitted discharge, IU aware of requirement • Inspection(s) • Permit Application • NOV • Show Cause Hearing • Compliance Order • Legal Action • Terminate Service 3. Failure to Correct Deficiency Within Time Frame Required • NOV • Show Cause Hearing • Compliance Order — 7 — TECHNICAL VIOLATIONS (continued) ENFORCEMENT RESPONSE 4. Improper Sampling Techniques (per sample type); • Correction Notice Improper Analytical Techniques (per test method) • NOV 5. Failure to Analyze (per test method) all Required Parameters; • Correction Notice Failure to Sample or Resample All Parameters • NOV • Compliance Schedule 6a. Failure to Install or Properly Maintain Sampling Point, • NOV Monitoring and/or Metering Equipment • Compliance Schedule 6b. Failure to Install or Properly Maintain Spill Containment Area • NOV and/or Equipment • Compliance Schedule 6c. Failure to Install or Properly Maintain required Rainwater • NOV Diversion Equipment • Compliance Schedule 6d. Failure to Properly Operate and Maintain Pretreatment O Correction Notice Equipment/Tampering • NOV • Show Cause Hearing • Compliance Order • Legal Action 7. Entry Denial, Limited Access and/or Refusal to Present Records • Correction Notice • NOV • Obtain warrant 8. Failure to Calibrate Metering Equipment • Correction Notice • NOV 9. Waste Streams are Diluted in Lieu of Pretreatment • Correction Notice • NOV • Show Cause Hearing • Compliance Order • Legal Action 10. Failure to Mitigate Noncompliance or Halt Production • NOV • Show Cause Hearing • Compliance Order • Legal Action 11. Failure to Follow Special Conditions in Permit or Any Order • NOV • Show Cause Hearing • Compliance Order • Legal Action 12. Late Response or No Response to NOV or Other Official • Show Cause Notifications Hearing • Compliance Order • Legal Action • Terminate Service B. ADMINISTRATIVE VIOLATIONS ADMINISTRATIVE VIOLATIONS ENFORCEMENT RESPONSE 1. Report is Improperly Signed • NOV (unauthorized or not original signature) 2. Required Report(s) Submitted Late or Not Submitted • NOV 3. Failure to submit permit application Correction Notice • NOV 4a. Failure to Report Spill/Slug or New/Changed Discharge NOV No Harm 4b. Failure to Report Spill/Slug or New/Changed Discharge Show Cause Harm and/or Repeat Violation Hearing • Compliance Order • Legal Action • Terminate Service 5. Falsification of Required Reports Show Cause Hearing • Legal Action • Terminate Service 6. Failure to Report Results of Self-Monitoring • NOV 7. Failure to resample within 30 days after violation • NOV 8. Inadequate Record Keeping • NOV • Show Cause Hearing • Compliance Order 9. Late Submittal of Compliance Schedule • NOV • Show Cause Hearing • Compliance Order 10a. Compliance Schedule Milestones Missed Without Granted • NOV Extensions 10b. Compliance Schedule Milestones Missed Without Granted • Show Cause Extensions, repeat violation or missed milestone by more Hearing than 30 days. • Compliance Order • Legal Action • Terminate Service 11. Late Response or No Response to NOV or Other Official • Show Cause Notifications Hearing • Compliance Order • Legal Action • Terminate Service 12. Significant Industrial User in Significant Non-Compliance for • Public Notification Late Reporting • Compliance Schedule • Show Cause Hearing • Compliance Order • Legal Action — 9 — C. ENFORCEMENT RESPONSE DESCRIPTIONS AND PERSONNEL ENFORCEMENT DESCRIPTION PERSONNEL RESPONSES Correction Notice Correction Notice refers to any of the following Industrial Waste Analyst or actions: telephone call, voice mail message, fax, Supervisor email, text message, part of an inspection report, or any other person to person communication between City of Redding staff and Industrial User staff. Inspection Site Inspection and/or Records review Industrial Waste Analyst or Supervisor Permit Industrial Wastewater Discharge Permit Application Industrial Waste Analyst or Application (RMC 14.16.40 1) Supervisor NOV Notice of Violation(NOV) is a written notice sent Industrial Waste Analyst or from City of Redding to the Authorized Supervisor Representative of the Industrial User (RMC 14.16.600) Compliance Compliance Schedule is a written schedule that Industrial Waste Supervisor Schedule includes a list of dates and events required for the Industrial User to meet the applicable pretreatment requirements or standards. (RMC 14.16.590) Consent Order A Consent Order is an agreement between the City Industrial Waste Supervisor, and the Industrial User to assure voluntary or Wastewater Manager compliance. (RMC 14.16.610) Show Cause Show Cause Hearing directs the Industrial User to Industrial Waste Supervisor, Hearing appear before the Control Authority in a hearing to Wastewater Manager, or explain the noncompliance and to show cause why Assistant Director of Public more severe enforcement actions against the user Works should not go forward. (RMC 14.16.620) Compliance Order Compliance Orders direct the Industrial User to Wastewater Manager, or come into compliance within the time period Assistant Director of Public established in a show cause hearing. (RMC Works 14.16.630) Legal Action Legal action may be civil penalties or criminal Assistant Director of Public penalties taken against an Industrial User. (RMC Works, Legal staff 14.16.700-740) Terminate Service Terminate Service refers to either an Emergency Industrial Waste Supervisor, Suspension of the Industrial User's wastewater Wastewater Manager, or discharge and/or wastewater discharge permit or a Assistant Director of Public permanent Termination of Discharge. (RMC Works 14.16.660 and 14.16.690) — 10 — D. DEFINITIONS: RMC 14.16.020—Best Management Practices "Best management practices or BMPs" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. RMC 14.16.640 - Cease and Desist Orders When the city manager finds that a user has violated or is violating this chapter; or the user's wastewater discharge permit; or any order issued hereunder; or any other pretreatment requirement; or that the user's past violations are likely to recur, he may issue an order to the user directing him to cease and desist all such violations and directing the user to: A. Immediately comply with all requirements; and B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. The issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. (Ord. 2291 § 1 (part), 2002) RMC 14.16.480 - Enforcement Response Plan Except as hereinafter provided, all persons discharging industrial wastewater to the city's sewer collection system shall be governed by the city's enforcement response plan procedures. Said plan may be adopted by resolution of the city council, and amended from time-to-time as necessary. (Ord. 2291 § 1 (part), 2002) RMC 14.16.600 - Notification of Violation Whenever the city manager finds that any user has violated or is violating this chapter, a wastewater discharge permit, or an order issued hereunder, or any other pretreatment requirement, the city manager may serve upon said user a written notice of violation. Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted by the user to the municipal utilities director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 2374 § 15 (part), 2006: Ord. 2291 § 1 (part), 2002) (Ord. No. 2429, § 10, 1-20-2009) � 11 � RMC 14.16.020—Publicly Owned Treatment Works "POTW" means publicly owned treatment works of the city, including: the entire facilities for collecting, transporting, pumping, treating, and disposing of domestic and industrial wastewaters, located within and outside the city limits and either owned, operated, maintained, or controlled by the city. RMC 14.16.020—Significant Industrial User "Significant industrial user (SIU)" except as provided in paragraphs c. and d. of this section, means: a. All industrial users subject to categorical pretreatment standards, or b. Any other industrial user that: (1) Discharges an average of twenty-five thousand gallons per day or more of process wastewaters (excluding domestic wastewater, noncontact cooling water, and boiler blowdown wastewater), or 2) Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic (BOD or SS) capacity of a treatment plant, or (3) Pretreats wastewater prior to discharge to the wastewater collection system, or (4) Has in his or her wastes toxic pollutants listed under Section 307 of the Clean Water Act, or (5) Has a reasonable potential, in the opinion of the director of municipal utilities, to have a significant impact on the treatment system, either singly or in combination with other dischargers to the system. c. The city may determine that an industrial user subject to categorical pretreatment standards is a non-significant categorical industrial user (NSCIU) rather than a significant industrial user on a finding that the industrial user never discharges more than one hundred gallons per day (gpd) of total categorical wastewater (excluding domestic, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the following conditions are met: i. The industrial user, prior to the city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements; ii. The industrial user annually submits the certification statement required in 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and iii. The industrial user never discharges any untreated concentrated wastewater. d. Upon a finding that a user meeting the criteria in subsection b. of this part has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. — 12 — RMC 14.16.020—Significant Noncompliance "Significant noncompliance" (SNC). An industrial user is in "significant noncompliance" if its violation meets one or more of the following criteria: a. Chronic violations of wastewater discharge limits, defined here as those in which sixty- six percent or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits. b. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH). c. Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of city personnel or the general public. d. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the city's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B)to halt or prevent such a discharge. e. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance. f. Failure to provide, within forty-five days after the due date, any required reports such as baseline monitoring reports, ninety-day compliance reports, reports on compliance with categorical pretreatment standards or deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules. g. Failure to accurately report noncompliance. h. Any other violation or group of violations, which may include a violation of best management practices, which the city determines will adversely affect the operation or implementation of the local pretreatment program. — 13 —