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HomeMy WebLinkAboutReso 2010-062 - Enforcement Response Plan (: . e e RESOLUTION NO. 2010 - 62 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. WHEREAS, the Enforcement Response Plan adopted by this resolution will replace the previous Enforcement Response Plan dated May 21, 1993, adopted by Council Resolution No. 93- 242. 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, 2010, and was duly adopted at said meeting by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBER: COUNCIL MEMBER: COUNCIL MEMBER: COUNCIL MEMBER: Bosetti, Dickerso , None None None Attest: Form Approved: , ~ ~ '..... \ .... ~~~~i; , " : ;-.~-; Th" l ~', ' PAME~A:MIZE, C 'C~er.k, - '~ , " -;/V~~ RICHARD A DUVERNAY, ity Attorney ~ o p . '.r , ~ .. . - " . . I, e ENFORCEMENT RESPONSE PLAN City of Redding Shasta County, California Prepared by: Industrial Waste Division Wastewater Utility Redding Municipal Utilities 2010 e e e TABLE OF CONTENTS Sections: Page Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 I. Purpose. . . . . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Industrial User Inventory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 III. Collecting Industrial User Information and Identifying Non-compliance. . . . . . . . .1 IV. Selecting Appropriate Enforcement Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 V. Resolving Non-Compliance. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .2 VI. Industrial Waste Discharge Permit Issuance Procedures. . . . . . . . . . . . . . . . . . . . . .2 VII. Permit Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 VIII. Cease and Desist Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 lX. Enforcement Response Guide. . . . . . . . .. ................................4 A. Technical Violations Enforcement Response Guide. . . . . . . . . . . . . . . . . . . .4 B. Administrative Violations Enforcement Response Guide. . . . . . . . . . . . . . .6 C. Enforcement Response Descriptions ........... . . .. ...............7 AEA - BMP - CDO - CN ERP NOV - NPDES- POTW- Sill SNC - e e ABBREVIATIONS Administrative Enforcement Actions Best Management Practice Cease and Desist Order Correction Notice Enforcement Response Plan Notice of Violation National Pollutant Discharge Elimination System Publicly Owned Treatment Works (operated by the City of Redding) Significant Industrial User Significant Non-Compliance 11 . . e e 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 Users discharging to the City's Publicly Owned 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, Development Services Department and sewer service rate review procedure also contribute pertinent information for updating the Industrial' User inventory. A weekly summary of all new business licenses issued by the City of Redding is also reviewed by Industrial Waste staff. III. COLLECTING INDUSTRIAL USER INFORMATION AND IDENTIFYING NONCOMPLIANCE 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 to the SID 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 included in the wastewater discharge permit. Following issuance of an industrial wastewater discharge permit to the SID, 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 Division to satisfy the following responsibilities: 1. 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. I e e File information is maintained for each permitted SIU. These files generally include sm 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 User's (permitted as well as un-permitted.) to evaluate their performance and to monitor any enforcement activity 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 Division has established defined enforcement policies for differing types of violations. Violations of effluent limits require enforcement action. 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. The list of technical and administrative violation in Section IX is not exhaustive but is intended to be a guide in determining appropriate enforcement. 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 utilizes 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. 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 Industrial Waste Division makes contact with the proposed industrial user to verify receipt. A meeting may be scheduled to assist the proposed industrial user in the completion of the application. The application should be completed and submitted within 90 days. 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 Industrial Waste staff. 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 Administrative Violation section of this plan identifies the progressive enforcement steps if the correction notice does not achieve compliance. 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 2 e e 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 Division then progresses to the issuance of a wastewater discharge permit. The permit is signed by the Industrial Waste Division supervisor or their 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. VII. PERMIT REVOCATION 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. ." VIII. CEASE AND DESIST ORDER 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. 3 e IX. ENFORCEMENT RESPONSE GUIDE e A. TECHNICAL VIOLA nONS TECHNICAL VIOLA nON ENFORCEMENT RESPONSE 1 a. Violation of Local Limit or Pretreatment Standard, Correction Notice, Isolated Event, No Harm to POTW Follow up sample within 30 days, NOV lb. Violation of Local Limit or Pretreatment Standard, NOV, Isolated Event, Harm to POTW Show Cause Hearing, Compliance Order, Legal Action 1 c. Violation of Local Limit or Pretreatment Standard, Compliance Schedule, Recurring (3rd occurrence in 6 months) Show Cause Hearing, Compliance Order, Legal Action, Terminate Service 1 d. Violation of Local Limit or Pretreatment Standard, Newspaper Publication Meets Definition of Significant Non-Compliance stating that the Industrial User is in Significant Non-Compliance with its Wastewater Discharge Requirements 2a. Un-permitted discharge, IU unaware of requirement, Correction Notice, No Harm to POTW Inspection(s), Permit Application, NOV Consent Order 2b. Un-permitted discharge, IV unaware of requirement, Correction Notice, Harm to POTW Inspection (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 4 " TECHNICAL YIOLA T ENFORCEMENT RESPONSE 3. Failure to Correct Deficiency Within Time Frame Required NOY, Show Cause Hearing, Compliance Order 4. Improper Sampling Techniques (per sample type); Correction Notice, Improper Analytical Techniques (per test method) NOY 5a. Failure to Analyze (per test method) all Required Parameters; Correction Notice, Failure to Sample or Resample All Parameters NOY, Compliance Schedule 5b. Failure to Implement a Required BMP Correction Notice, (Best Management Practice) NOY, Compliance Schedule 6a. Failure to Install or Properly Maintain Correction Notice, Sampling Point, Monitoring and/or Metering Equipment NOY, Compliance Schedule 6b. Failure to Calibrate Metering Equipment Correction Notice, NOY 6c. Failure to Properly Operate and Maintain Correction Notice, Pretreatment Equipment/Tampering NOY, Show Cause Hearing, Compliance Order, Legal Action 7. Failure to Install or Properly Maintain Correction Notice, Spill Containment Area and/or Equipment NOY, Compliance Schedule 8. Failure to Install or Properly Maintain Correction Notice, Required Rainwater Diversion Equipment NOY, Compliance Schedule 9. Entry Denial, Limited Access and/or Refusal to Present Records Correction Notice, NOY, Obtain warrant 10. Waste Streams are Diluted in Lieu of Pretreatment Correction Notice, NOY, Show Cause Hearing, Compliance Order, Legal Action 11. Failure to Mitigate Noncompliance or Halt Production NOY, Show Cause Hearing, Compliance Order, Legal Action 12. Failure to Follow Special Conditions in Permit or Any Order NOY, Show Cause Hearing, Compliance Order, Legal Action 13. Late Response or No Response to NOY or Other Official Show Cause Hearing Notifications Compliance Order, Legal Action, Terminate Service 5 .. B. ADMINIL TIVE VIOLATIONS e ADMINISTRATIVE VIOLATIONS ENFORCEMENT RESPONSE 1. Report is Improperly Signed Correction Notice, (unauthorized or not original signature) NOV 2. Required Report(s) Submitted Late or Not Submitted Correction Notice, NOV 3. Failure to submit permit application Correction Notice, NOV 4a. Failure to Report Spill/Slug or New/Changed Discharge Correction Notice, No Harm NOV 4b. Failure to Report Spill/Slug or New/Changed Discharge Show Cause Hearing, Harm and/or Repeat Violation Compliance Order, Legal Action, Terminate Service 5. Falsification of Required Reports Show Cause Hearing, Legal Action, Terminate Service 6a. Failure to Report Results of Self-Monitoring Correction Notice, NOV 6b. Failure to Submit BMP Report Correction Notice, NOV 7. Failure to resample within 30 days after violation Correction Notice, NOV 8. Inadequate Record Keeping Correction Notice, NOV, Show Cause Hearing, Compliance Order 9. Late Submittal of Compliance Schedule Correction Notice, NOV, Show Cause Hearing, Compliance Order lOa. Compliance Schedule Milestones Missed Without Granted Correction Notice, Extensions NOV lOb. Compliance Schedule Milestones Missed Without Granted NOV, Extensions, Repeat violation or missed milestone by more than 30 Show Cause Hearing, days. Compliance Order, Legal Action, Terminate Service 11. Late Response or No Response to NOV or Other Official Show Cause Hearing, Notifications Compliance Order Legal Action, Terminate Service. 6 .i' ' . .. C. ENFORCEMEA.ESPONSE DESCRIPTIONS e ENFORCEMENT DESCRIPTION PERSONNEL RESPONSES Correction Notice Correction Notice refers to any of the following actions: Industrial Waste Analyst or telephone call, voice mail message, fax, email, text Supervisor 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 Supervisor NOV Notice of Violation (NOV) is a written notice sent from Industrial Waste Analyst or City of Redding to the Authorized Representative of the Supervisor Industrial User Compliance Compliance Schedule is a written schedule that includes Industrial Waste Supervisor Schedule a list of dates and events required for the Industrial User to meet the applicable pretreatment requirements or standards. Consent Order A Consent Order is an agreement between the City and Industrial Waste Supervisor, the Industrial User to assure voluntary compliance. or Wastewater Manager 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 more Municipal Utilities Direct01~ severe enforcement actions against the user should not go forward. Compliance Order Compliance Orders direct the Industrial User to come Wastewater Manager, or into compliance within the time period established in a Municipal Utilities Director show cause hearing. Cease and Desist Cease and Desist Orders direct the Industrial User to Wastewater Manager, or Order immediately comply with all requirements and take Municipal Utilities Director actions to prevent continuing or threatened violations, including halting operations and/or terminating the discharge. Legal Action Legal action may be civil penalties or criminal penalties Municipal Utilities Director, taken against an Industrial User. Legal staff Terminate Service Terminate Service refers to either an Emergency Industrial Waste Supervisor, Suspension of the Industrial User's wastewater discharge Wastewater Manager, or and/or wastewater discharge permit or a permanent Municipal Utilities Director Termination of Discharge. 7