The attached chart further outlines types of violations and specifies actions (initial and escalated), timeframes, and the officials responsible for completing the actions. This chart shall be considered a part of the Enforcement Response Plan.
Responses to violations affecting the operation of the POTW, resulting in POTW NPDES violations, or resulting in environmental harm or endangerment to human health will be taken immediately or as soon as possible following discovery.
A user may be sent a Notice of Violation (NOV) for each individual violation if monthly monitoring is required, or the violations may be cumulated over a period of time not to exceed 6 months if a different monitoring frequency is required. In general, NOV's in response to violations of permit limits will be issued monthly. Users found to be in SNC for two (2) consecutive 6-month periods will be issued an enforceable order to return to compliance. In all cases, escalated or continuing enforcement action will be taken against users who do not return to compliance in a timely manner.
Cases of falsifying reports, tampering with monitoring or sampling equipment or otherwise preventing the collection of representative data may be referred to the District Attorney for possible criminal investigation.
Show cause hearings may be held at the Director's discretion prior to taking enforcement actions.