Industrial Wastewater Permit Violations

City of Eugene Enforcement Response Guide

Excerpted from Industrial Pretreatment Program Administrative Rule 6.501 Appendix A


Effluent Limitations or General Discharge Prohibitions
(See notes 2,3,4,5,6,7,8 and 12 at bottom)
Nature of ViolationResponsePenaltyPersonnel
First month with violation(s) in a 12-month periodNotice of noncomplianceNoneDirector
Second month with violation(s) in a 12-month periodNotice of violation$100 per pollutant per dayDirector
Third month with violation(s) in a 12-month periodNotice of violation$200 per pollutant per dayDirector
Fourth month with violation(s) in a 12-month periodNotice of violation$300 per pollutant per dayDirector
Fifth month with violation(s) in a 12-month periodNotice of violation
Administrative Compliance Order
$500 per pollutant per dayDirector
Sixth to twelfth month with violation(s) in a 12-month periodNotice of violation (Administrative Compliance Order remains in effect)$500 per pollutant per dayDirector
Any series of violations of effluent limitations which meet the definition of Significant NoncomplianceAdministrative Compliance OrderSee Note 5Director
Any exceedance of effluent limitations which causes danger, interference, pass-through or sludge contaminationAdministrative Compliance Order or civil litigation or terminate service$2500 per pollutant per dayDirector


Failure to Report Noncompliance
Nature of Violation
Response
PenaltyPersonnel
Failure to immediately report any slug load, or a spill or discharge that could cause interference or pass-through (no harm)Notice of Violation (See Note 13)$200Director
Failure to immediately report spill, slug load, or discharge causing interference or pass-through, or other harmAdministrative Compliance Order (See Note 13)$2500Director
Failure to provide a written report within 5 days of a spill, slug load, or discharge that could cause interference or pass throughNotice of violation$300Director
Failure to report a violation of a permit effluent limitation within 24 hoursNotice of noncomplianceNoneDirector
Failure to report a violation of a permit effluent limitation within 3 daysNotice of violation$200Director
Failure to provide a certified laboratory report and written report within 5 days of a permit effluent limitation violationNotice of violation$200Director
Failure to provide a written report of an effluent limitation violation as required by a Notice of ViolationNotice of violation$300Director
Any noncompliance report late by more than 30 days (SNC)Administrative Compliance Order$500Director


Failure to Submit Other Required Reports
Nature of ViolationResponsePenaltyPersonnel
Failure to notify the City of a substantial change in volume or character of pollutants in dischargeNotice of Violation$200Director
Failure to notify the City of a batch dischargeNotice of Violation$500Director
Failure to report a slug discharge within 24 hoursNotice of violation$200Director
Failure to notify the City of the disposal of over 500 gallons of wastewater to any other person in a period of 12 consecutive monthsNotice of Violation$200Director
Failure to obtain prior written permission for discharge of any hazardous waste, subject to exemptions in City CodeNotice of Violation$1000Director
Failure to report the discharge of any hazardous waste within 180 days, subject to exemptions in City CodeNotice of Violation$200Director
Two or more failures to submit required reports or notifications in a 12-month periodAdministrative Compliance Order (See Note 2)$500Director
Failure to report all monitoring dataNotice of Violation$200Director


General Reporting Requirements
Nature of ViolationResponsePenaltyPersonnel
Any report (other than a noncompliance report) late by more than 5 days but less than 15 daysTelephone CallNoneDirector
Any report (other than a noncompliance report) late by 15 to 30 daysNotice of NoncomplianceNoneDirector
Any report (other than a noncompliance report) late by more than 30 days (SNC)Administrative Compliance Order$200Director
Any incomplete or inaccurate report, or any report improperly signed or certifiedTelephone CallNoneDirector
Any incomplete or inaccurate report, or any report improperly signed or certified after telephone notice by CityNotice of Violation$100Director


Pollution Management Practices
Nature of ViolationResponsePenaltyPersonnel
Failure to implement required pollution management practices (first notice)Notice of NoncomplianceNoneDirector
Failure to implement required pollution management practices (additional notices)Notice of Violation$200 per monthDirector


Record Keeping
Nature of ViolationResponsePenaltyPersonnel
Failure to maintain required records for three yearsNotice of Violation$200Director


Monitoring
Nature of ViolationResponsePenaltyPersonnel
Failure to conduct self-monitoring as required in permitNotice of Violation$200 per event and conduct monitoringDirector
Improper sampling or analytical procedures used, no intentNotice of NoncomplianceNoneDirector
Improper sampling or analytical procedures used, intentAdministrative Compliance Order (See Note 10 )$2500Director
Failure to install required monitoring equipment or facilities, delay less than 30 daysNotice of NoncomplianceNoneDirector
Failure to install required monitoring equipment or facilities, delay more than 30 daysNotice of Violation$200Director
Failure to install required monitoring equipment or facilities, delay more than 90 daysAdministrative Compliance Order$500Director


Falsification
Nature of ViolationResponsePenaltyPersonnel
Making any false statement, representation, or certification in any application, record, report, plan or other document; or falsifying, tampering with or rendering inaccurate any monitoring deviceNotice of Violation (See Note 10 )$2500Director


Unpermitted Discharge
Nature of ViolationResponsePenaltyPersonnel
Industrial User unaware of requirement; no harmTelephone call. Permit application sentNoneDirector
Industrial User unaware of requirement; results in harmAdministrative Compliance Order$500Director
Failure to apply for permit within 30 days after notice from CityNotice of Violation$200Director
Failure to apply for permit within 30 days after Notice of ViolationTerminate serviceNoneDirector
Industrial User aware of requirement; no harmNotice of Violation$300Director
Industrial User aware of requirement, results in harmAdministrative Compliance Order$2500Director


Permit Reissuance
Nature of ViolationResponsePenaltyPersonnel
Application for permit reissuance late by more than 15 days (due 90 days prior to expiration date)Notice of Violation$100Director


Dilution
Nature of ViolationResponsePenaltyPersonnel
Waste stream diluted in lieu of treatment; initial violationNotice of Violation$300Director
Waste stream diluted in lieu of treatment; recurringAdministrative Compliance Order$2500Director


Entry Denial
Nature of ViolationResponsePenaltyPersonnel
Entry to premises or access to sampling location deniedNotice of Violation$2500Director



Compliance Schedules
Nature of ViolationResponsePenaltyPersonnel
Compliance date missed by less than 30 daysNotice of NoncomplianceNoneDirector
Compliance date missed by more than 30 daysNotice of Violation$200Director
Compliance date missed by more than 90 days (SNC)Administrative Compliance Order$500Director
Failure to meet a compliance date listed in an Administrative Compliance OrderAdministrative Compliance Order in effect$500 per dayDirector


Mobile Waste Hauler
Nature of Violation
Response
PenaltyPersonnel
Discharge of wastes at unpermitted discharge point (first violation)Notice of Violation$1000Director
Discharge of wastes at unpermitted discharge point (second violation)Notice of Violation
Permit revoked;
unauthorized to discharge at WPCF;
letter of notification to hauler;
copy of letter to DEQ
$5000Director
Discharge of wastes at unpermitted time (first violation in 12 months)Notice of NoncomplianceNoneDirector
Discharge of wastes at unpermitted time (second and subsequent violations in 12 months)Notice of Violation$500Director
Failure to submit or properly complete manifest at time of disposalsNotice of NoncomplianceNoneDirector
Failure to submit or properly complete manifest within 10 days of Notice of NoncomplianceNotice of Violation$50 per manifestDirector
Failure to submit or properly complete manifest at time of disposal two or more times in any calendar monthNotice of Violation$50 per manifestDirector
Discharge of other than domestic or septage wastes without prior approvalNotice of Violation$500Director
Failure to supply copies of required documents to City by due dateNotice of Violation$200Director
Failure to clean up spilled material at disposal siteNotice of ViolationTwice cost to city of labor and materials to clean up siteDirector
Mobile Waste Hauler discharging without a permitNotice of Violation$1000Director
Failure to pay waste disposal charges within 30 days of mailing dateLetter regarding delinquent account with copy of billingNoneFinance, (Accounts Receivable)
Failure to pay waste disposal charges within 30 days of mailing dateCity may restrict disposal hours and/or limit volume of wastes dischargedNoneDirector
Failure to pay waste disposal charges within 60 days of mailing dateCertified letter, demanding payment within 10 days;
cash, money order, cashiers check only
NoneFinance, (Accounts Receivable)
Failure to pay waste disposal charges within 10 days of mailing date of above certified demand letterPermit revoked,
unauthorized to discharge at WPCF;
letter of notification to hauler;
copy of letter to DEQ
Unauthorized to discharge at WPCF (See Note 11 )Director


Other Violations
Nature of ViolationResponsePenaltyPersonnel
Failure to comply with any other condition or requirement of a Wastewater Discharge Permit or Mobile Waste Hauler Permit not included above (no intent)Notice of NoncomplianceNoneDirector
Failure to comply with any other condition or requirement of a Wastewater Discharge Permit or Mobile Waste Hauler Permit not included above (intent)Notice of Violation$200Director


Notes

  1. Definitions for other definitions see Eugene City Code 6.506):
    • Director: City of Eugene Wastewater Division Director
    • SNC: Significant Noncompliance (Eugene City Code 6.576)
    • WPCF: Eugene/Springfield Water Pollution Control Facility
    • DEQ: Oregon Department of Environmental Quality
    • POTW: Publicly Owned Treatment Works
  2. Where used in this guide, a twelve-month period means a moving twelve-month window, including the month for the current violation and the preceding eleven months. The enforcement response for violations of effluent limitations varies according to the past compliance history of the industrial user. The number of months containing violations in the twelve-month window is determined, and the enforcement response and penalty assessed accordingly.
  3. For violations of effluent limitations of greater than three times the limitation, the penalties indicated above will be subject to a multiplier determined as follows:
    Multiplier = (analytical result divided by permit limitation), rounded to the next lower whole number. Analytical results between 4 and 9 times the limitation will be subject to a multiplier of two. Analytical results 10 times the limitation or greater will be subject to a multiplier of 3. For example, for a discharge with an effluent limitation of 0.5 mg/L, and an analytical result of 5.1 mg/L, the multiplier is 3. [(5.1 divided by 0.5) = 10.2, which rounded to next lower whole number is 10.]
  4. For violations of effluent limitations where the analytical result is less than or equal to 1.2 times the permitted effluent limitation, or is less than 0.2 pH units above or below a permitted effluent pH range, the City will not assess an administrative penalty for that violation. The violation will, however, be recorded and treated as a permit violation for all other purposes, including the calculation of Significant Noncompliance.
  5. For any series of violations of effluent limitations which meet the definition of Significant Noncompliance, the enforcement response will be the issuance of an Administrative Compliance Order. The penalty assessed will be as listed above, according to the number of months with violations, or as specified in the Order.
  6. Penalties listed for effluent violations are per pollutant per day, and apply to results obtained from City or industrial user monitoring. The City may conduct monitoring as often as necessary to determine compliance. For the purposes of assessing an administrative civil penalty for a violation of effluent limitations, general discharge prohibitions, or specific restricted substance limitations, the term "day" shall have one of the following meanings:
    • If the violation is determined from data obtained from a grab sample, or a series of grab samples, day means calendar day.
    • If the violation is determined from data obtained from an automatic pH recording instrument, day means calendar day.
    • If the violation is determined from data obtained from a composite sample collected by an automatic sampling device, day means the 24-hour period beginning at the time sampling is initiated.
  7. A violation of a monthly average, weekly average, or 4-day average effluent limitation will be considered as one violation for the purpose of calculating the administrative penalty, or other enforcement response.
  8. Penalties listed above (except penalties for Mobile Waste Haulers) will be subject to a flow-based multiplier according to the following:
    For any discharger with a total daily wastewater flow greater than 100,000 gallons per day, the administrative penalty listed in the enforcement response guide will be multiplied by (Q x 10), where Q is the daily wastewater flow in million gallons per day (MGD) for the industrial user responsible for the violation. For violations which relate to a separate waste stream (such as an effluent limitation specific to one of several waste streams), the flow of this waste stream is used in the calculation. For general violations which relate to the facility as a whole (such as entry denial), the wastewater flow from the whole facility is used in the calculation. For example, an industry with a wastewater flow of 550,000 gallons per day, and responsible for a violation for which the administrative penalty from the enforcement response guide is $500, will receive an adjusted administrative penalty of $500 x 0.55 x 10 = $2750.
    The value of Q will be calculated as follows:
    • For violations of a daily effluent limitation, Q = wastewater flow for the day of the violation.
    • For violations of a weekly effluent limitation, Q = daily average wastewater flow for the week of the violation.
    • For violations of a monthly effluent limitation, Q = daily average wastewater flow for the month of the violation.
    • For other violations, Q = daily average wastewater flow for the month of the violation.
  9. If the wastewater flows above are not available, the best available data will be used by the City to estimate the flow.
  10. Other enforcement orders available besides those listed in the guide above include:
    • Stipulated Enforcement Order;
    • Cease and Desist Order;
    • and Termination and Revocation Order.
  11. These orders can be issued separately or in conjunction with any other order in the guide.
  12. In addition to the enforcement response listed above, the matter will be referred for criminal prosecution where deemed appropriate by the Wastewater Division Director. Conviction will result in a fine of not less than $1,000 or more than $2,500, or 30 days in jail, or both, for each day in which such violation occurs.
  13. A Mobile Waste Hauler Permit may be reinstated when account is made current; only cash, money order, or cashiers check will be accepted for six month period following permit revocation. A $50.00 reconnection fee will be charged.
  14. For industries with more than one regulated waste stream, the escalated response to effluent violations is applied separately. For example, if an industry has three consecutive months of violations at one waste stream and then the following month a violation occurs at a separate waste stream, this would count as the industry’s first violation for that waste stream assuming there were no other violations at this location during the past 12 months.
  15. For slug discharges, notification to the POTW shall occur within 60 minutes of the industrial user becoming aware of it.