Types of Violations

The following is a list of different types of violations, by category. This list is not inclusive, but serves as a general list of anticipated types of noncompliance. The users permit, the local Sewer Use Resolution (SUR), and State and Federal regulations serve as additional references for pretreatment requirements.

Unpermitted Discharges: Users are responsible for obtaining and renewing permits, if required.

Permit Limits: Users are responsible for maintaining compliance with all effluent wastewater discharge limits. The Industrial Waste Control section will evaluate the extent of the limit violation(s). In determining the extent of violation(s), Significant Noncompliance (SNC) as defined by State and EPA regulations will be determined.

Self-Monitoring Violations:  A user who fails to adequately conduct all the monitoring required in the permit, including monitoring frequencies and sampling methods specified, is in violation. This includes a user who does not resample per its permit when a limit violation occurs.

Reporting Violations: A user who fails to provide information (e.g. self-monitoring reports, violation explanation) required in its permit or the SUR in the required time frame is in violation. Late or incomplete reports will also be considered violations. An SIU who submits a report more than 30 days late is considered in SNC.

Permit Conditions: Failure to apply or reapply for a permit is considered a violation. Users who violate the general or other conditions (e.g. slug loading, dilution prohibition) outlined in the permit or the SUR shall be considered to be in violation.

Enforcement Orders: Failure to meet the requirements of an order (e.g. interim limits, milestone dates), whether the order was entered into voluntarily or mandated by the Director, shall be considered a violation. Missing a scheduled compliance milestone by more than 90 days is considered SNC.

Responses

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 six 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 Significant Noncompliance for two consecutive six 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.

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