HomeMy WebLinkAboutReso 93-242 - Adopt its enforcement response plan as required by RMC Ch. 14.16 pertaining to sewersRESOLUTION NO. C3 - �? Z
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 14.16.430 of the Redding Municipal Code,
entitled Enforcement Response Plan, states:
Except as hereinafter provided, all persons discharging
industrial wastewater to the Citv'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.
IT IS THEREFORE 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 and read at a regular meeting of the City Council of
the City of Redding on the 15th day of June, 1993, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
A ST: FO APPRO
CONNIE STROHMAYER, ity Clerk RANDALL A. HAYS, City Attorney
9 !
E NF�RCEMENT RE SPC7NSE PLAN
Prepared for:
City of Redding
Shasta County, California
Prepared by:
Industrial Waste Section
Wastewater Division
Department of Public Works
May 21, 1993
TABLE OF CONTENTS
Sections:
Abbreviations .... e.e ............ ............
i. Purpose ................................................
4
M. industrial User Inventory ..............................
4
!TI= Collecting IU Information and Identifying
Noncompliance ........................................
4
!V. Selecting appropriate Enforcement Action ...............
5
Ve Resolving Non -Compliance ............... e ....... e ......
5
Appendix A industrial Waste Discharge Permit
issuance Procedure ......................
7
Appendix B Enforcement Response Plan for Violations..
P,
Section I -Constituent Violations..........
8
Section II -Non -Constituent Violations.....
12
Appendix C Enforcement Response Plan
Issuance of Permits to Existing Users...
17
Appendix D Figures ...................................
19
ABBREVIATIONS
AEA - Administrative Enforcement Actions as in RMC 14.16.610-660, 690
CDO - Cease and Desist Order as in RAC 14.16.640
CEO - Chief Executive Officer is the authorized representative (with
defined signatory powers for industrial user), as in RMC
14.16.400C.2
Correction Notice as in RMC 14.16.502, 504
ECSA - Enforcement Compliance Schedule Agreement as in RMC 14.16.150
ERP - Enforcement Response Plan as in RMC 14.16.480
_ - industrial User as inRMC 14.16.020 Y
NOV - Notice of Violation as in RMC 14.16.600
NPDES - National Pollutant Discharge Elimination System
_OTW - Publicly Owned Treatment Works (operated by the City of Redding) as
in RMC 14.16.020 SS
SI - Significant Industrial User as in RMC 14.16.020 CCG
3
i 0
RPOSE
P?}
The principles and procedures identified herein describe the process for
obtaining and evaluating information on Industrial Users (IU). The Enforcement
Response Plan (ERP) establishes a framework for managing an enforcement protocol,
to achieve and maintain IU compliance for numerical and/or non -numerical
violations as based upon Redding Municipal Code Chapter 14.16.
T_. INDUSTRIAL USER INVENTCRi
A compliance tracking and enforcement system requires a complete and accurate
compilation of pertinent data on all IU's discharging to the City's sewerage
system. Ongoing industrial inventory activities have followed a thorough survey
within the jurisdictional boundaries of the City to maintain an industrial user
data base. The Industrial User (IU) data base is continually updated in several
ways by the staff analysts. 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 IU data base.
III. COLLECTING IU INFORMATION AND IDENTIFYING NONCOMPLIANCE
Once detailed information is obtained on an Industrial User (IU) through an
industrial waste survey, an, industrial user file is created. If an IU is
identified as meeting the definition of a significant industrial user (SIU),
staff sends to the SIU an application for issuance of an Industrial Wastewater
Discharge Permit (permit procedures are outlined in Appendix A). Upon completion
of the permitting process, specific inspection, sampling, monitoring, and
enforcement requirements are assessed and assigned to the SUI. Following
issuance of an industrial wastewater discharge permit agreement to the SIU,
routine collection of information and sample data begins for monitoring SIU
compliance of permit conditions.
Collecting and distributing specific information on an industry is performed by
staff analysts who are responsible for all scheduled and unscheduled monitoring
of IU's. The compliance screening process begins with the analysts review of the
IU's data (i.e. sample analysis data, field inspection reports, correction
notices, notice of violations etc... ).
After reviewing and entering the compliance data into the Data Base Log, all
noncompliance is identified and entered into the Enforcement Log. The Enforcement
Log is then reviewed in staff meetings to assure that appropriate enforcement
actions are being followed (see Appendix B Enforcement Response Plan for
Violations), and to monitor the IU's compliance status. The staff review allows
the Industrial Waste Section to satisfy the following responsibilities:
Nw-merical and non -numerical violations are reviewed and responded to
in a timely manner.
Notification is given to the violating IU, 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
includes 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 IU's
(permitted as well as unpermitted) to evaluate their performance and to monitor
any necessary enforcement activity deemed necessary to assure compliance ;with
Redding Municipal Code Chapter 14.16.
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 noncompliance.
Each violation of local or federal effluent limits requires enforcement action
as described in the enforcement response plan (Appendix B, Section II).
Nonconstituent violations are also addressed in Appendix B, Section II. The
enforcement procedures are designed to bring violating IU's into compliance by:
Escalating enforcement action.
2. Requiring IU's failing to maintain consistent compliance to re-enter
the enforcement process at increasingly more stringent levels.
These procedures also provide a standardized approach for progressing through the
enforcement process to achieve and maintain compliance.
xJ, 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.
The Industrial Waste Section will utilize a range of enforcement mechanisms, to
achieve the maximum degree of compliance by IU's. The enforcement mechanisms
range from simple reminder contact, to significant civil and/or criminal
penalties. The enforcement mechanisms are separated into two categories:
informal enforcement mechanisms and formal enforcement mechanisms. Informal
actions are undertaker: by the Industrial Waste staff. Formal actions include
administrative actions undertaken by the Public Works Director and judicial
actions undertaken by the City Attorney.
5
0 0
The following summarizes these two mechanisms:
Informal Enforcement Mechanisms Personnel*
1. Informal notice to IU FI
(phone call)
2. Informal meetings FI, SS
3. Warning letters FI
4. Correction notices
5. Inspection summary FI
6. Notice of violation FI
Formal Enforcement Mechanisms (Administrative and Judicial Enforcement Actions)
1. Consent Orders SS, DD
2. Show Cause Hearing and Compliance Orders SS, DD
3. Administrative fines SS, DD
4. Cease and Desist Orders SS, L, DD
5. Revocation and/or suspension DD
of permit
6. Termination of service DD
7. Civil suit for injunctive relief
and/or civil penalties TDD
S. Criminal prosecution L, 1
The City recognizes that Pretreatment Program violations are also violations of
Federal and State law. Adherence to the enforcement policies set forth in the
Enforcement Response Plan, will ensure resolution of non-compliance in a timely,
I and consistent manner for all non-compliant industrial users.
*FI = Field Inspector
SS = Section Supervisor
L = Legal (City Attorney and/or District Attorney)
DD = Department Director
6
APPENDIX A
Industrial -Wastewater Discharge Permit
Issuance Procedures
For new industrial users (IU's), application time requirements do not apply, as
new users, which require permitting, may not discharge until fully permitted.
The initial steps in the permitting process for existing significant industrial
users ( SIU' s) , begins with the creation of a specific numbered permit application
and log sheet for the proposed permittee. The application and associated forms
are then mailed or hand delivered to the proposed permittee. The mailing date is
recorded and the "time clock" starts. The application must be completed and
submitted within 90 days. The permitting analyst makes contact with the proposed
permittee within 14 days of the mailing date, to verify receipt. In either event
(i.e., application received or application not received) a "help meeting" may be
scheduled to assist the proposed permittee in the completion of the application.
The 90 day time clock is still applicable and the completed application must be
submitted on or before the 90 day time frame is exhausted. All industrial waste
discharge applications must be signed by the authorized IU representative as
defined in Redding Municipal Code, Chapter 14.16 before processing of the permit
agreement can begin. Upon submittal, the application is processed by the permit
analyst. A post submittal permit inspection is conducted to verify the submitted
data. Processing by the industrial waste section then progresses to the issuance
of a discharge permit agreement and a request for payment of any applicable fee.
if the permit application is not submitted within the 90 day time frame, the
permit analyst issues a "Correction Notice" (CN) and pursues the submittal of the
application. The "CN" carries a 250 (250 of permit fee) penalty fee. Once the 90
day deadline is exceeded, the enforcement procedures call for progressive steps
increasing in severity (see figure 3). There are specific penalty fees associated
for each step of increasing enforcement (i.e., CN = 25% Penalty, NOV = 500
Penalty, AEA = Show Cause Meeting Fee).
Once the IU's permit application is submitted and approved, and a wastewater
discharge permit agreement is issued to the IU, the permittee will be billed the
applicable permit fee. The permit agreement is signed only by authorized City
officials and not by the IU applicant. The permittee 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.
If the fee(s) have not been collected, within the required time frame, the
permittee is subject to the City's collection procedures.
I
APPENDIX B
SECTION (I)
FOR CONSTITUENT VIOLATIONS FOR LOCALLY REGULATED TOXIC POLLUTANTS
AND
EPA CATEGORICAL PRETREATMENT STANDARDS*
ERP FOR CONSTITUENT VIOLATIONS
NONCOMPLIANCE
CIRCUMSTANCE
RANGE OF RESPONSE
PERSONNEL
LEVEL ONE
Constituent
Exceeding limit(s) by any
Correction Notice (CN)
Field
Violation exceeding
amount or any IU removed
Follow-up
Inspector
discharge limits
from level 1 or 2
sample/inspection
during scheduled or
enforcement after 12
within 30 days. IU
non scheduled
months and receives level
will be removed from
sample
one violation
enforcement providing
follow-up
sample/inspection is
in compliance
LEVEL TWO
Constituent
Any violation for CN
Notice of Violation
Field
Violation,
holder resulting from
(NOV), 2 follow-up
Inspector
exceeding discharge
follow-up
samples with 1st at 15
limits. IU holding
sample/inspection;
days and 2nd sample 45
CN
Violation of same
days from NOV
constituent for a CN
issuance. Certified
holder within 12 months of
correspondence letter
CN issuance
sent to Chief
Executive Officer
(CEO) requiring a
written response
regarding the cause
and proposed
resolution of the
violation. IU will be
removed from
enforcement if two
follow-up samples are
in compliance, fees
paid by IU in full
M.
E
ERP FOR CONSTITUENT VIOLATIONS
NONCOMPLIANCE
CIRCUMSTANCE RANGE OF RESPONSE
PERSONNEL
LEVEL THREE
Constituent
Any violation for NOV
Administrative
Section
Violation,
holder resulting from
Enforcement Actions
Supervisor,
exceeding discharge
follow-up samples; any IU
(AEA), such as consent
Department
limits. IU holding
removed from enforcement
orders, compliance
Director
NOV
for 12 months and received
orders, or orders for
2nd (level 2) NOV
mandatory show cause
violation; any IU
hearing, may be
receiving more than 4
issued. Required
violations within 2 years;
compliance schedule
any IU Significant Non-
including correction
compliance (SNC) as
actions, with IU to
defined in Redding
develop interim
Municipal Code Chapter
compliance plan may be
14.16
ordered. City may
take samples and
perform inspections
during compliance
period. At end of
correction period the
City will take 2
follow-up samples
within 45 days. IU
off enforcement if
samples are in
compliance and fees or
fines are paid in full
ERP FOR CONSTITUENT VIOLATIONS
NONCOMPLIANCE CIRCUMSTANCE RANGE OF RESPONSE PERSONNEL
LEVEL FOUR
Constituent
Any violation for AEA
Cease and Desist Order
Section
Violation exceeding
holder during 2 follow-up
(CDO) issued on site,
Supervisor,
discharge limits.
samples for the same
Certified follow-up
Legal,
IU holding AEA
violating constituents;
letter sent to IU CEO,
Department
failure of IU to submit
referral of case to
Director
required data; any
legal for criminal
violation within 6 months
actions and/or civil
from date AEA holder is
penalties, mandatory
removed from enforcement
compliance meeting to
for the same violation
establish Enforcement
constituent(s); recurring
Compliance Schedule
violations (more than 4
Agreement (ECSA), IU
violations within 2.years)
begins ECSA contingent
for IU who has progressed
on batch treatment,
to Level 3 for the same
the City will sample
violating constituents;
for an additional 3
any time a discharge
months at IU's
presents an imminent
expense. IU off
hazard to public health,
enforcement when
safety or welfare, to the
analysis reveals
environment, local
compliance and fees or
sewerage system or
fines are paid in full
sewerage system personnel
10
ERP FOR CONSTITUENT VIOLATIONS
NONCOMPLIANCE
CIRCUMSTANCE RANGE OF RESPONSE
PERSONNEL
LEVEL FIVE
Constituent
Any violation for CDO
Permit Revocation
Department
Violation,
holder during 3 month
notice sent to IU
Director
exceeding discharge
follow-up sampling for the
informing them of
limits. IU holding
same violating
City's intent to
CDO
constituent(s); IU fails
revoke permit,
to submit or complete
revocation hearing is
required data or action;
held with Public Works
any violation within 12
Director to determine
months from date CDO
outcome of IU permit
holder is removed from
standing
enforcement for the same
violating constituent(s);
recurring violations i.e.
more than 4 violations
within a 2 year period; IU
who has progressed to
Level 4 enforcement for
the same violating
constituent(s)
* See Figure 1
Special Notes:
1. When a permit has been revoked, the City may plug or disconnect the IU's
industrial sewer connection to prevent industrial discharges to the City's sewer.
2. Any later reconnection will be at the sole expense of .the same IU, following
issuance of a new wastewater discharge permit by the City.
3. IU's applying for a new discharge permit shall be evaluated with respect to
enforcement history, and any relation to previous company name, sites, corporate
offices, and key employees so as to determine the appropriate incoming
enforcement status.
4. Any IU whose permit has been revoked, but has obtained a new permit to discharge
and has exceeded an applicable discharge limit, will re-enter the enforcement
process, as a minimum, at the Administration Enforcement Action (AEA) level.
5. 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 its NPDES permit to
discharge whether alone or in combination with other user contributions.
11
APPENDIX B
SECTION II
NON -CONSTITUENT VIOLATIONS**
Non -Numeric violations target all ordinance violations not related to constituent
violations. Non -Numeric violations are divided into three categories or types.
Each category has a different action of enforcement. The three types of
violations are defined as follows:
Type A:
1. Discharge without a permit
2. Failure to install or maintain spill containment equipment
3. Failure to install or maintain required monitoring equipment
i.e., pH meters, EC/TDS meters and recording equipment, etc.
4. Failure to install any required pretreatment equipment
5. Failure to install or maintain required rainwater diversior
equipment
6. Refusing access to facility
7. Failure to allow timely entry
8. Failure to provide access to records to authorized personnel
9. Failure to comply with any correction notice
Type B:
1. Violation of other miscellaneous permit or Ordinance requirements
Type C:
1. Discharge of Prohibited Wastes
2. Unapproved Industrial activity
3. Intentional illegal discharges
4. Severe violations of Pretreatment Program
For Type A violations, enforcement begins at Level 2, to include Notice of
Violation (NOV) being issued.
Type B violations allows for inspector discretion as to the specific level of
enforcement (Level 1 and/or 2).
Procedures for Type C violations follow an abbreviated version of the full
enforcement process. This process may include, but is not limited to, Cease anc
Desist Orders, surveillance monitoring, sample evaluation programs, searck
warrants, enforcement compliance schedule agreements, and/or any other
investigation the City deems necessary to identify noncompliance.
** See Figure 2
12
0 •
ERP FOR NON -CONSTITUENT VIOLATIONS
_7_
NONCOMPLIANCE
CIRCUMSTANCE RANGE OF RESPONSE
PERSONNEL
LEVEL ONE
Non -Constituent
Violation of miscellaneous
Verbal Warning or
Field
Violation
permit and/or ordinance
Correction Notice
Inspector
requirements. Type B
(CN), Correction
violations
Checklist may be
issued, follow-up
inspection scheduled.
IU off enforcement if
follow-up inspection
reveals compliance.
LEVEL TWO
Non -Constituent
Type A Violation (see
Notice of Violation
Field
Violation
listing on previous page);
(NOV) issued on site
Inspector
any uncorrected Type B
with any required
Violations
compliance date(s)
determined at that
time, Certified
follow-up letter sent
to IU CEO requiring
written response
outlining corrective
measures to be taken
by IU to achieve
compliance, follow-up
inspection. IU off
enforcement providing
corrective measures
are completed and
compliance is achieved
13
ERP FOR NON-CONSTITUENT VIOLATIONS
NONCOMPLIANCE CIRCUMSTANCE RANGE OF RESPONSE PERSONNEL
LEVEL THREE
Non-Constituent
Failure of NOV holder to
Administrative
Field
Violation. IU
complete required
Enforcement Action
Inspector,
holding NOV
corrections within
(AEA) issued by
Section
compliance date; any Type
certified mail and
Supervisor,
A or B violations for NOV
sent to IU CEO, show
Legal
holder within 12 months
cause hearing
from date NOV was issued;
scheduled, IU required
recurring violations, more
to propose corrective
than 2 Type A or B
measures and establish
violations within two
compliance time frame
years; IU who progressed
with incremental
to Level 2 enforcement
progress schedule,
compliance schedule is
established by the
City. IU is off
enforcement providing
all actions and
submittals are
completed within
specified compliance
date
14
•
ERP FOR NON -CONSTITUENT VIOLATIONS
NONCOMPLIANCE 7 CIRCUMSTANCE RANGE OF RESPONSE PERSONNEL
LEVEL FOUR
Non -Constituent
AEA holder fails to
Cease and Desist Order
Section
Violation IU
complete required actions
(CDO) issued on site,
Supervisor,
holding AEA
within specific compliance
certified letter sent
Department
time frame; any Type B
to IU CEO indicating a
Director,
violations within 12
correction date, case
Legal
months after removal of
referred to City Legal
enforcement for the same
for legal action,
violating conditions(s);
follow-up inspection
recurring violations (more
is scheduled. IU off
than 4 Type B violations)
enforcement when
within a two year period
required actions
by an IU who has
and/or submittals are
progressed to level 3 for
completed within the
the same violating
specific compliance
conditions(s). Type C
due date(s)
violations
SPECIAL NOTE: Any CDO holder removed from enforcement after 12 months, and repeats
the same Type B violation, will re-enter the enforcement process at
Level 3 (AEA) at a minimum. Any CDO holder removed from enforcement
more than 6 months but less than 12 months, and repeats the same Type
B violation will re-enter the enforcement process at Level 4 (CDO).
LEVEL FIVE
Non -Constituent
CDO holder fails to
Permit Revocation
Department
Violation, IU
complete any required
notice sent to IU CEO
Director
holding CDO
action and/or submittal
per Redding Municipal
within specified date; any
Code, Chapter 14.16, a
Type B violation within 6
permit revocation
months from date when CDO
meeting is held where
holder is removed from
the Public Works
enforcement for the same
Director determines
violating conditions(s);
outcome of IU permit
recurring violations
standing
defined as more than 2
Type B violations within a
2 year period by an IU who
has progressed to level 4
enforcement for the same
violating condition(s);
Type C violations
15
Special Notes:
1. When a permit has been revoked, the City may plug or disconnect the
IU's industrial sewer connection to prevent industrial discharges to
the City's sewer.
2. Any later reconnection will be at the sole expense of the same IU,
following issuance of a new wastewater discharge permit by the City.
3. IU's applying for a new discharge permit shall be evaluated with
respect to enforcement history, and any relation to previous company
name, sites, corporate offices, and key employees so as to determine
the appropriate incoming enforcement status.
4. Any IU whose permit has been revoked, but has obtained a new permit
to discharge and commits a Type A or B violation, will re-enter the
enforcement process at Level 3 (AEA) at a minimum.
5. 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 its NPDES permit to
discharge whether alone or in combination with other user
contributions.
16
APPENDIX C
ISSUANCE OF INDUSTRIAL WASTE
DISCHARGE PERMIT***
FOR EXISTING USERS
An existing industrial user applying for permitting or re -permitting shall submit
a fully completed discharge permit application within 90 days of the date the
application was mailed. All required documents (i.e., plumbing plans, water
bills, manifests, etc...) are to be submitted with the application. An inspector
will verify receipt of the permit application and offer assistance for completing
and submitting the application. Extension requests will be considered by IWS
(Industrial Waste Section) staff. The following enforcement procedures will be
utilized to assure compliance:
ERP FOR ISSUANCE OF INDUSTRIAL WASTE DISCHARGE PERMIT
NONCOMPLIANCE
CIRCUMSTANCE RANGE OF RESPONSE
PERSONNEL
LEVEL ONE
Failure to
Failure to complete and
Correction Notice (CN)
Field
complete and
submit IWDP application
issued, a fine will be
Inspector
submit
and all required
charged, if
Industrial
information within 90 days
applicable, compliance
Waste
of the mailing date,
meeting date will be
Discharge
including extension time
set within 5 days.
Permit (IWDP)
frames
Off enforcement after
application
the submittal of
application and all
required information
LEVEL TWO
Failure to
Failure to complete and
Notice of Violation
Field
complete and
submit IWDP application
(NOV) issued, a fine
Inspector
submit
and all required
will be charged, if
Industrial
information within the
applicable, compliance
Waste
required time frame for a
meeting date will be
Discharge
CN holder
set within 5 days.
Permit (IWDP)
Off enforcement after
application
the submittal of
application and all
required information
17
*** See Figure 3
Special Notes:
1. Once submitted, the IWDP application will be reviewed and processed. The
application must be signed by the permittee CEO (Company Executive
Officer). The CEO must hold the rank comparable to that of President or
Vice President at a minimum. After successfully completing the review and
processing procedures, a completed Industrial Waste Discharge Permit will
be issued to the permittee. The permittee is bound by law to meet all
regulations set forth in the permit and to pay all permit fees, if
applicable.
2. Once the Wastewater Discharge Permit is issued by the City, it is legally
binding and is subject to any and all City Enforcement Policies and
discharge regulations set forth in City Municipal Code, Chapter 14.16.
3. If fines or permit fees are applicable, the permittee will be sent a
statement for the total permit fees incurred and the time frame in which
payment is to be made. Failure to submit the waste discharge permit fee
within the time frame required will subject the violating permittee to the
Enforcement Policies utilized by the City as outlined in the
aforementioned ordinance.
18
ERP FOR ISSUANCE OF INDUSTRIAL WASTE DISCiARGE PERMIT
NONCOMPLIANCE
I
CIRCUMSTAN
OF RESPONSE
man=
PERSONNEL
LEVEL
THREE
Failure to
Failure to complete and
Administrative
Field
complete and
submit IWDP application
Enforcement Action
Inspector,
submit
and all required
(AEA) issued Show
Section
Industrial
information within the
Cause Hearing
Supervisor,
Waste
required time frame for a
scheduled. Off
Department
Discharge
NOV holder
enforcement after the
Director,
Permit (IW'DP)
submittal of
Legal
application
application and all
rearuired information
*** See Figure 3
Special Notes:
1. Once submitted, the IWDP application will be reviewed and processed. The
application must be signed by the permittee CEO (Company Executive
Officer). The CEO must hold the rank comparable to that of President or
Vice President at a minimum. After successfully completing the review and
processing procedures, a completed Industrial Waste Discharge Permit will
be issued to the permittee. The permittee is bound by law to meet all
regulations set forth in the permit and to pay all permit fees, if
applicable.
2. Once the Wastewater Discharge Permit is issued by the City, it is legally
binding and is subject to any and all City Enforcement Policies and
discharge regulations set forth in City Municipal Code, Chapter 14.16.
3. If fines or permit fees are applicable, the permittee will be sent a
statement for the total permit fees incurred and the time frame in which
payment is to be made. Failure to submit the waste discharge permit fee
within the time frame required will subject the violating permittee to the
Enforcement Policies utilized by the City as outlined in the
aforementioned ordinance.
18
APPENDIX D
FIGURES
19
• _ :GORE - •
CIT' OF RE=ING
INDUSTRIAL WAST—HE SECTION
ENFORCEMENT RESPONSE PLAN FOR:
LOCALLY REGULATED TOXIC POLLUTANTS AND EPA CATEGORICAL PRETREATMENT STANDARDS
LEVEL ONE VIOLATION
CORFcECTION =NSPECTOR ISSUES CORREECTION CHECKLIST
NOTICE
C
NC 0 RESAMPLE AND/OR INSPECT REMOVE FROM
ENFORCEMENT
LEVEL TWO VIOLATION
ANY VIOLATION FOR CN NC
NOTICE OF ITHIN 12 MONTHSVIOLATION
C
O SEND FOLLOW—UP LETTER RE:SAMPLE REMOVE FROM
NC 0 TWO FOLLOW—UP SAMPLES ENFORCEMENT
(VIOLATION) NC NC
VIOLATION
LEVEL THREE VIOLATION
(SNC)* I VIOLATI
ADMINISTRATIVE
ENFORCEMENT
ACTIONS (AEA)
00
LEVEL, 2 NOVS WITHIN 12 MONTHS
0 SEND FOLLOW—UP LETTER
O SHOW CAUSE HEARING C REMOVE FROM
NC 0 COMPLIANCE SCHEDULE ENFORCEMENT
0 INTERN COMPLIANCE PLAN
0 PROGRESSIVE COMPLIANCE MONITORING/SAMPLING
0 FINAL COMPLIANCE SAMPLING (2 WITHIN 45 DAYS) NC
LEVEL FOUR*
ANY VIOLATION: WITHIN 12 MONTHS
CEASE & AFTER REMOVAL OF ENFORCEMENT
DESIST
0 LEGAL STAFF (CIVIL)
NC 0 COMPLIANCE MEETING TO ESTABLISH
8 WEER DEMONSTRATION PERIOD
0 CITY WILL CONDUCT ADDITIONAL C
MONITORING/SAMPLIN REMOVE FROM
ENFORCEMENT
LEVEL FIVE*
VIOLATION WITHIN 12 MONTHS NC
PERMIT AFTER REMOVAL OF ENFORCENMiT
REVOCATION
C = COMPLIANCE
CN = CORRECTION NOTICE *MORE THAN 3 VIOLATIONS WITHIN A 3 YEAR
NC = NON—COMPLIANCE PERIOD BY AN IU WHO HAS HISTORICALLY
NOV = NOTICE OF VIOLATION PROGRESSED TO THE PREVIOUS STATE OF
ENFORCEMENT
• FIGURE 2
CITY OF REDDING
ENFORCEMENT RESPONSE PLAN FOR:
TYPE A & B & C
NON -CONSTITUENT VIOLATIONS
LEVEL ONE VIOLATIONS
TYPE A OR B
VIOLATIONS: VERBAL WARNING
CORRECTION
NOTICE (CN)
LEVEL TWO VIOLATIONS NC
TYPE A OR B
NOTICE OF
VIOLATIONS: VIOLATION
(NOV)
0
C
0 SEND FOLLOW-UP LETTER
0 REQUIRED IU WRITTEN -CORRECTIVE RESPONSE
O FOLLOW-UP INSPECTION FOR COMPLIANCE
VIOLATION
LEVEL THREE VIOLATIONS NC
F
INISTRATIVE
NFORCEMENT ANY TYPE A OR B VIOLATION WITHI
IONS (AEA) 12 MONTHS OF ISSUANCE (NOV)
0 COMPLIANCE "SHOW CAUSE HEARING" C
0 PROPOSAL FOR CORRECTION
0 ESTABLISH COMPLIANCE SCHEDULE
0 PROGRESS & FINAL COMPLIANCE INSPECTION
LEVEL FOUR VIOLATIONS NC
TYPE A,B,
OR C CEASE & DESIST
ORDER ANY TYPE B VIOLATION FOR
(CDO) AN AEA HOLDER WITHIN 12 MONTHS
ANY TYPE C VIOLATION
C
O CITY'S LEGAL STAFF
O FOLLOW-UP INSPECTION
LEVEL FIVE VIOLATIONS NC
PERMIT ANY TYPE A, B, OR C VIOLATION -
REVOCATION
C = COMPLIANCE
NC = NON-COMPLIANCE
OFF
ENFORCEMENT
INC
OFF
ENFORCEMENT
NC
OFF
ENFORCEMENT
NC
• . � IGuicE _
INDUSTRIAL WASTE DISCHARGE PERMIT
ISSUANCE & ENFORCE21EENT POLICY
MAIL
APPLICATION
NOT
RECEIVED
VERIFY
RECEIPT
CN
FEF. HELP MEETING
NOT SUBMITTED IF NECESSARY
NOV SUBMITTED
NOT SUBMITTED
SUBMITTED
SUBMITTED
AEA
LEGAL
PROCESS
COMPLETED
PERMIT SENT
FEE PAID
CITY LEGAL
ENFORCEMENT
IF NOT PAID
SUBMITTED
SUB14ITTED
CN -CORRECTION NOTICE
1ST PENALTY FEE=25% OF PERMIT FEE, IF APPLICABLE
2ND PENALTY FEE=50% OF PERMIT FEE, IF APPLICABLE
wwtreat\271.erp
NOT
HELP SUBMITTED
MEETING --�
CN
FEE
MEETING
NOT I NOV
SUBMITTED
AEA
w:uN jA