A. Failure of permitted discharger to notify of effluent limit violation or slug discharge

Not verbally reported

24 hours after knowledge of violation or discharge

Letter of Violation (LOV): the SIU must correct the problem immediately. The user must resample within 30 days and report on self-monitoring report (provided by District) to demonstrate return to compliance. If a slug discharge occurs, then it is the responsibility of the business to resample to assure a return to compliance. Provide notice to the District within 15 days of measures taken.

No notification to District

15 days

Administrative order for the following: require immediate response and return to compliance.

No sample results

30 days

$500 fine per each day of violation at the Board’s discretion.

60 days

Significant noncompliance: $500 fine per each day of violation at the Board’s discretion. Publication of violation in local newspaper.

Known environmental or POTW damage

Anytime

Sewer service termination and recovery of estimated costs of remediation at the discretion of the Board of Directors of the District.

B. Minor sampling, monitoring, or reporting deficiencies (nonnegligent, minor omissions of required attachments and data, computational, or other errors)

First offense: submitted report by the deadline

Upon discovery

Phone call from environmental compliance inspector instructing the following: submit report in its entirety with the errors corrected within 30 days after the initial due date of the report.

Corrected report not received

30 days after phone call

Letter of Violation (LOV) for the following: submit report in its entirety with the errors corrected within 30 days.

Corrected report not received

60 days after report is due

Administrative order requiring corrections within 15 days of notification.

Corrected report not received

90 days after report is due

$200 fine per day until correct report is received at the Board’s discretion.

C. Major or gross sampling, monitoring or reporting deficiencies (missing critical information) and any other deficiency deemed major by the District or its Board

First offense: submitted report by the deadline

Upon discovery

Letter of Violation (LOV) requiring the following: submit report in its entirety with the errors corrected within 30 days of the date of issuance of the letter of violation.

Corrected report not received

30 days after LOV date

$200 fine per day until correct report is received at the Board’s discretion.

Corrected report not received

60 days after LOV date

$200 fine per day until correct report is received at the Board’s discretion. Publication of the violation in local newspaper.

Corrected report not received

90 days after LOV date

Sewer service termination and permit revocation at the Board’s discretion.

D. Failure of discharger to timely sample, monitor, or submit self- monitoring discharge report

First offense within 1 year

No later than 5 days after required submittal date

Letter of Violation (LOV) instructing the following: submit required report within 15 days of the date of this letter.

Report still not received

15 days after required submittal date

Administrative order: require the report within 10 days.

Report still not received

45 days after required submittal date

Significant noncompliance: publication in newspaper. Require report within 10 days.

Report still not received

60 days after required submittal date

Administrative order: require the report within 10 days. $200 fine per day that the report is not received, at the Board’s discretion.

Report still not received

90 days after required submittal date

Sewer service termination and permit revocation at the Board’s discretion.

Second offense within 1 year

<1 year

Administrative order: require the report within 10 days. Follow the steps starting at 45 days for the first offense above.

Report still not received

10 days

Follow the steps starting at 45 days for the first offense above.

E. Discharge without a permit of District approval

First offense; no environmental damage

Upon discovery

Administrative order requiring permit application, baseline monitoring report and approval prior to further discharge.

2nd and subsequent offenses without permit application; no environmental damage

30 days

Significant noncompliance: administrative order requiring permit application and approval prior to further discharge, $500 fine per day of violation and publication in newspaper at Board’s discretion.

1st offense; environmental damage

Upon discovery

Significant noncompliance: administrative order requiring permit application and approval prior to future discharges, $500 fine + recovery of cost for remediation at the Board’s discretion, publication in newspaper.

Subsequent discharges; environmental damage

30 days

Significant noncompliance: administrative order requiring permit application and approval prior to future discharges, $1,000 fine + recovery of cost for remediation and sewer service termination at the Board’s discretion, publication in newspaper.

A. Failure to meet final effluent limits or failure to meet interim limits (categorical, local, or prohibited limits)

First exceedance or less than TRC exceedance

Immediately upon notification of exceedance

Letter of violation (LOV) instructing the following: correct the problem causing the exceedance and resample and report sample results on self-monitoring report within 30 days. If done on District’s sampling period, District will resample within 30 days.

Second exceedance

Immediately upon notification of exceedance

Compliance schedule to be determined by the District Engineer.

Major violation that exceeds the limits by technical review criteria (TRC-see definitions) of a single effluent limit

Immediately upon notification of exceedance

Significant noncompliance: administrative order to correct the problem(s) causing the exceedance and resample and report sample results on self-monitoring report within 30 days. Publication in a local newspaper. If there is environmental damage, $1,000 fine per day of exceedance. The District can recoup the costs for environmental remediation, at the Board’s discretion.

Chronic violations: 66% or more of all the measurements taken for the same pollutant parameter exceed the same daily maximum limit or the same average limit in a six-month period (any magnitude of concentration over the most stringent limit), a numeric pretreatment standard or requirement, including instantaneous limits

Significant noncompliance: administrative order to correct the problem(s) causing the exceedance and resample and report sample results on self-monitoring report within 30 days. Publication in a local newspaper. If there is environmental damage, $1,000 fine per day of exceedance. The District can recoup the costs for environmental remediation and terminate sewer service at the Board’s discretion.

Additional self- monitoring report still not received

30 days after required submittal

Administrative order: require the report within 15 days.

Additional self- monitoring report still not received

45 days after required submittal

Significant noncompliance: publication in newspaper. Require report within 10 days.

Additional self- monitoring report still not received

55 days after required submittal

Administrative order: require the report within 10 days. $500 fine per day that the report is not received, at the Board’s discretion.

Additional self- monitoring report still not received

65 days after required submittal

Sewer service termination and permit revocation at the Board’s discretion.

B. Reported slug discharge

First offense, reported immediately, no environmental damage

Immediate report upon knowledge of slug discharge

Letter of Violation (LOV): correct problem causing slug discharge, sample discharge and report sample results on self-monitoring report within 30 days of slug.

Second offense within 1 year, no environmental damage

<1 year

Administrative order: cease slug discharges immediately and prevent future slug discharges. Sample discharge and report sample results on self-monitoring report within 30 days of slug.

Third and subsequent offenses, no environmental damage

<1 year

Significant noncompliance: sewer service termination at the Board’s discretion, $1,000 fine per day of violation, and publication of violation in a newspaper.

First offense: interference, pass- through, or damage

Immediate report upon knowledge of slug discharge

Significant noncompliance: Administrative order specifying the following: correct problem causing slug discharge, sample discharge and report sample results on self-monitoring report within 30 days of slug. Publication in local newspaper. Board may recoup costs for any environmental remediation, damage to infrastructure, or any fines levied as a result of the slug.

Second offense within 1 year: interference, pass-through, or damage

<1 year

Significant noncompliance: $1,000 fine per day of slug discharge. Publication in newspaper. Sewer service termination at Board’s discretion.

Subsequent offenses with interference, pass-through, or damage

<1 year

Significant noncompliance: sewer service termination at Board’s discretion, $1,000 fine per day of violation, and publication of violation in a newspaper.

A. Minor violation of sampling or analytical procedure

No evidence of intent or neglect. First offense within a year.

Upon discovery

Letter of violation (LOV) for the following: correct problem during next sampling event. If sampling of analysis led to faulty results, must resample within 30 days.

No evidence of resample intent or neglect. Second offense within a year.

<1-year repeat

Administrative order for the following: an analysis using correct procedure within 30 days.

Resample for either circumstance not done within 30 days or third offense within a year.

30 days, <1 year - 3rd repeat

Significant noncompliance, administrative order for the following: resample within 30 days, $500 fine per day of violation at the Board’s discretion, and publication of violation in a newspaper.

More than 3 offenses in a year or resample not done within 60 days.

60 days, <1 year - 4th repeat

Sewer service termination and recovery of estimated costs of remediation at the Board’s discretion.

B. Minor violation of permit conditions (any violation not listed as major or deemed minor violation by the District or its Board)

No evidence of intent or neglect. First offense within a year.

Upon discovery

Letter of violation (LOV) for the following: correct problem immediately.

No evidence of intent or neglect. Second offense within 1 year.

<1-year repeat

Administrative order for the following: correct problem immediately.

Problem not corrected within 30 days or third offense within a year.

30 days, <1 year - 3rd repeat

Significant noncompliance, administrative order for the following: correct problem within 30 days, $500 fine per day of violation at the Board’s discretion, and publication of violation in a newspaper.

More than 3 offenses in a year or problem not corrected within 60 days

60 days, <1 year - 4th repeat

Sewer service termination and recovery of estimated costs of remediation at the Board’s discretion.

C. Major violation of permit conditions (improper disposal of waste product, tampering with monitoring equipment, dilution effluent, not reporting a slug or accidental discharge, not having a spill prevention plan when a spill has occurred, and any other violation deemed major by the District or its Board)

No evidence of intent or neglect. First offense within 1 year.

Upon discovery

Letter of violation (LOV) for the following: correct problem immediately.

No evidence of intent or neglect. Problem not corrected within 30 days. Second offense within 1 year.

<1-year repeat, 30 days

Significant noncompliance, administrative order for the following: correct problem immediately, $1,000 fine per day of violation at the Board’s discretion, and publication of violation in a newspaper.

Problem not corrected within 60 days or third offense within a year.

60 days, <1 year - 3rd repeat

Sewer service termination and recovery of estimated costs of remediation at the Board’s discretion.

A. Reporting false information during compliance schedule

Any instance

Immediately upon discovery

Significant noncompliance: request for criminal investigation. Judicial action, fines and/or sewer service termination. Fine of $1,000 per offense. Publication in local newspaper.

B. Missed interim date

Will not cause late final date or affect other interim dates

15 days after due date

Letter of violation (LOV): resume compliance schedule and do not miss future dates. Submit report within 10 days.

Will result in other missed interim dates

15 days after due date

Significant noncompliance, administrative order requiring compliance of all other dates 10 days after previous dates set and submission of written progress report within 10 days. Publication in a newspaper.

No response

10 days

$500 fine per day of noncompliance, publication in a newspaper.

90 days or more outstanding

$500 fine per day of noncompliance, publication in a newspaper, sewer service termination at the Board’s discretion.

C. Missed final date with no valid cause

1st offense

15 days after deadline

Significant noncompliance, administrative order to begin monitoring within 30 days. Publication in a newspaper.

30 days after deadline

Significant noncompliance, administrative order and/or judicial action. $500 fine per day of noncompliance.

2nd offense or no action

60 days after deadline

Significant noncompliance. $1,000 fine per day of noncompliance.

3rd offense or no action

90 days after deadline

Sewer service termination at the Board’s discretion.

A. Failure of discharger to timely submit a receipt/manifest or proof of grease trap, interceptor or clarifier cleaning.

Light industry has not cleaned pretreatment device or has not provided proof of cleaning to the District.

30 days past required pump date.

Phone call and/or verbal notification during site visit.

60 days

Letter of violation (LOV) requiring proof of cleaning within 15 days.

75 days

Administrative order requiring proof of cleaning within 10 days.

85 days

Significant noncompliance: requiring proof of cleaning within 10 days. $500 fine per each day of violation, publication in a newspaper.

95 days

Sewer service termination, at the Board’s discretion.

Anytime a grease removal device is past the District required pumping date

Recovery of estimated costs from any adverse effects of grease in the District’s sewer line attributable to a light industry or any fines levied against the District from sanitary sewer overflows due to grease, at the Board’s discretion.

B. Violation of required best environmental management practices (per District code)

No evidence of intent or neglect. First offense within a year.

Upon discovery

Phone call and/or verbal notification during site visit.

No evidence of intent or neglect. Problem not corrected within 30 days or second offense within a year.

<1 year repeat

Corrective action letter: correct the problem immediately.

Problem not corrected within 60 days or third offense within 90 days.

30 days, <1 year - 3rd repeat

Administrative order for the following: correct the problem immediately.

More than 3 offenses in a year or problem not corrected within 90 days.

60 days, <1 year - 4th repeat

Significant noncompliance, administrative order for the following: correct the problem within 30 days, $500 fine per each day of violation at the Board’s discretion, publication in a newspaper.

Problem ongoing or chronic

Chronic violation

Sewer service termination and recovery of estimated costs of remediation at the Board’s discretion.

C. Faulty pretreatment device, improper best management practices or minor deficiencies discovered during inspections

No evidence of intent or neglect

Upon discovery

Written notification during site visit on inspection form.

Not corrected

30 days

Corrective action notice: correct the problem immediately.

Not corrected

60 days

Letter of violation (LOV): correct the problem immediately.

Not corrected

90 days

Administrative order for the following: correct the problem within 30 days.

Chronic violation

Chronic, recurring

Significant noncompliance: $500 fine per each day of violation at the Board’s discretion, publication in a newspaper.

D. Sanitary sewer overflow on private property that impacts the public, public property, public right-of-way, or a water body

1st offense reported to District, overflow stopped in a timely manner

Immediately

Letter of violation (LOV) instructing the following: correct the problem causing the overflow immediately or cease discharging. Submit a written report to the District within 15 days stating a corrective action plan, and the means to prevent repeat occurrences.

15 days, no report received

Letter of violation (LOV) requiring written report within 15 days.

30 days, no report received

Administrative order requiring written report within 10 days.

60 days, no report

Significant noncompliance: require written report within 10 days. $500 fine per each day of violation at the Board’s discretion. Publication of violation in a local newspaper.

90 days, no report

Sewer service termination, at the Board’s discretion.

1st offense reported to District, overflow not stopped in a timely manner

Immediately

Letter of violation (LOV) instructing the following: correct the problem causing the overflow immediately or cease discharging. Submit a written report to the District within 15 days stating a corrective action plan, and the means to prevent repeat occurrences and state a means to respond to overflows in a timely manner.

No report received

Follow enforcement path above, starting at 15 days, no report received.

2nd offense in either case (stopped in timely manner or not)

<1 year

Significant noncompliance: require written report within 15 days. $500 fine per each day of violation at the Board’s discretion. Publication of violation in a local newspaper.

3rd offense in either case (stopped in a timely manner or not)

<1 year

$1,000 fine per day of overflow. Sewer service termination at the Board’s discretion.

Environmental damage, District resources used, fines levied

Anytime

District will reserve the right to recoup costs of using District resources, to remediate any environmental damage, or any fines levied against the District as a result of the overflow.