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Enforcement Response Plan

SEWER USE ORDINANCE
(INDUSTRIAL PRETREATMENT RULES AND REGULATIONS)
OF THE
CAMDEN COUNTY
MUNICIPAL UTILITIES AUTHORITY
CAMDEN, NEW JERSEY
USA

Definitions of special terms and links to documents referred to can be found in Section 1.2 Definitions . Abbreviations can be found in Section 1.3 Abbreviations .

TABLE III
CONTROL AUTHORITY
ENFORCEMENT RESPONSE PLAN

Unauthorized Discharges
Discharge Limit Violation
Monitoring and Reporting Violations
Other Permit Violations

UNAUTHORIZED DISCHARGES

Noncompliance

Nature of the Violation

Enforcement Response

Response Time Frame

Personnel

Type of violation & grace period (if any)

1) Unpermitted Discharge (permit required) No harm to POTW / environment Notice of Violation (˜˜NOV™) 60 days Dir. of O. & M. or his designee NM
Harm to POTW / environment (IU in SNC criteria under 40 CFR Part 403.8(f)(2)(vii)) NOV with application form

Take action to halt activity

2 days Executive Director or his designee NM
Noncompliance with order to submit application. Seek Penalty 6 months Executive Director or his designee M 30 days
2) Failure to renew Failure to submit application prior to 180 days of expiration of current permit NOV 60 days Dir. of O. & M. or his designee NM
Failure to apply continues after notice by the POTW Seek penalty 6 months Executive Director or his designee M 30 days
3) Discharge outside scope of application/permit Failure to notify in advance of new introductions of pollutants or significant change in existing pollutants NOV with permit application to be modified 60 days Dir. of O. & M. or his designee NM

Penalties noted in this ERP will be determined utilizing Table IV. This is defined in N.J.A.C. 7:14-8.16.

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DISCHARGE LIMIT VIOLATION

Noncompliance

Nature of the Violation

Enforcement Response

Response Time Frame

Personnel

Type of violation & grace period (if any)

1) Exceedance of local or Federal standard (permit limit) Individual or monthly non-serious violation NOV; compliance response/corrective action plan, if needed 60 days from receipt Dir. of O. & M. or his designee NM
Serious Violation (individual or monthly) NOV, seek at least mandatory minimum penalty of not less than $1,000.00 in accordance with N.J.A.C. 7:14-8.16 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
Significant Noncompliance ( IU meets SNC criteria under 40 CFR Part 403) Public Notice Annually, but within 60 days after 403 Annual Report submitted to NJDEP Dir. of O. & M. or his designee NM
Significant Noncomplaince (IU meets SNC criteria under N.J.S. A. 58:10A-3(w)) NOV, seek at least mandatory minimum penalty of not less than $5,000.00 in accordance with N.J.A.C. 7:14-8.16 6 months Dir. of O. & M. / Exec. Dir. or his designee NM

Penalties noted in this ERP will be determined utilizing Table IV. This is defined in N.J.A.C. 7:14-8.16.

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MONITORING AND REPORTING VIOLATIONS

Noncompliance

Nature of the Violation

Enforcement Response

Response Time Frame

Personnel

Type of violation & grace period (if any)

1) Reporting Violation Late 5 or more days after due date (but complete) NOV, seek mandatory minimum penalty of $100.00 per parameter per day for every day late up to 30 days in accordance with N.J.A.C. 7:14-8.9 (Note: penalty waived if complete report is received within 10 days or receipt of the NOV) 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
Late 31 or more days after due date (but complete) Public notice, NOV and seek mandatory minimum of $100.00 per parameter per day for every day late up to 30 days in accordance with N.J.A.C. 7:14-8.9 (Note: penalty waived if complete report is received within 10 days of receipt of the NOV) 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
Incomplete for effluent parameter omission NOV, seek mandatory minimum of $100.00 per parameter per day for every day late up to 30 days in accordance with N.J.A.C. 7:14-8.9 (Note: penalty waived if complete report is received within 10 days of receipt of the NOV) 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
Incomplete for data omission (IU meets SNC criteria under 40 CFR Part 403) Public notice Annually, but within 60 days after 403 Annual Report submitted to NJDEP Dir. of O. & M. / Exec. Dir. or his designee NM
Incomplete for effluent parameter omissions (IU meets SNC criteria under NJWPCA) Public notice, NOV and seek mandatory minimum of $100.00 per parameter per day for every day late up to 30 days in accordance with N.J.A.C. 7:14-8.9 and N.J.A.C. 7:14-8.16(a) (Note: penalty waived if complete report is received within 10 days of receipt of the NOV) Public notice in accordance with approved program

Penalty within 6 months

Dir. of O. & M. / Exec. Dir. or his designee NM
Incomplete for other omissions NOV days in accordance with N.J.A.C. 7:14-8.16 60 days Dir. of O. & M. or his designee NM
Incomplete for other omissions (IU meets SNC criteria under NJWPCA) Public notice, NOV and seek mandatory minimum penalty (Note: penalty waived if complete report is received within 10 days of receipt of the NOV) Public notice in accordance with approved program Dir. of O. & M. / Exec. Dir. or his designee NM
Falsification NOV, Seek penalty & refer to county prosecutor 60 days Dir. of O. & M. / Exec. Dir. or his designee NM
2) Failure to adhere to compliance schedule (in control document, permit, AO/ACO, or letter of agreement) Missed milestone by less than 30 days NOV, seek penalty (note: penalty may be waived if final compliance is met by due date) 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
Missed milestone by more than 30 days (IU meets SNC criteria under 40 CFR Part 403) NOV, seek penalty, public notice (note: penalty may be waived if final compliance is met by due date) 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
Failure to meet final compliance date NOV, seek penalty 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
3) Failure to notify Failure to report spill or change discharge NOV; seek penalty where necessary NOV w/in 60 days of discovery; penalty no later than 6 months of discovery Dir. of O. & M. / Exec. Dir. or his designee NM
4) Failure to monitor correctly Incorrect sample location, incorrect sample type, incorrect sample collection techniques or incorrect sample analysis. NOV, with proper resampling, including sample analysis 60 days Dir. of O. & M. or his designee NM
5) Failure to report additional monitoring POTW inspection finds additional files NOV with request to submit additional monitoring data 60 days Dir. of O. & M. or his designee NM

Penalties noted in this ERP will be determined utilizing Table IV. This is defined in N.J.A.C. 7:14-8.16.

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OTHER PERMIT VIOLATIONS

Noncompliance

Nature of the Violation

Enforcement Response

Response Time Frame

Personnel

Type of violation & grace period (if any)

1) Wastestreams are diluted to achieve discharge limits Dilution (falsification under N.J.S.A. 58:10 A-1, et seq. ) NOV, seek penalty NOV within 60 days

Penalty within 6 months

Dir. of O. & M. / Exec. Dir. or his designee NM
2) Continuing failure to halt or prevent a discharge which caused or causes imminent endangerment to human health, welfare, or the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(l)(vi)(B) Refusal to discontinue activity upon notification Take physical (effective) action or seek court order to halt discharge 2 days max. Executive Director or his designee NM
Seek penalty 6 months Executive Director or his designee NM
3) Failure to maintain in good working order and properly operate, any facilities or systems of control installed to achieve compliance with the terms and conditions of the permit. Violations of operating requirements NOV 60 days Dir. of O. & M. or his designee NM
4) Entry denial Entry denied or consent withdrawn. Copies of records denied. NOV, seek penalty 6 months Dir. of O. & M. / Exec. Dir. or his designee NM
5) Inadequate record keeping POTW inspector finds files incomplete or missing NOV 60 days Dir. of O. & M. or his designee NM

Penalties noted in this ERP will be determined utilizing Table IV. This is defined in N.J.A.C. 7:14-8.16.

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