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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 |
| 1) Unpermitted Discharge (permit required) | No harm to POTW / environment | Notice of Violation ("NOV") | 60 days | Dir of O.& M. or his designee |
| 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 | |
| Noncompliance with order to submit application | Seek penalty | 6 months | Executive Director or his designee | |
| 2) Failure to renew | Failure to submit application prior to 180 days after expiration of current | NOV | 60 days | Dir. Of O. & M or his designee |
| Failure to apply continues after notice by the POTW. | Seek Penalty | 6 months | Executive Director or his designee | |
|
Penalties noted in this ERP will be determined utilizing Table IV. This is defined in N.J.A.C. 7:14-8.16. |
||||
| DISCHARGE LIMIT VIOLATION | ||||
|---|---|---|---|---|
|
Noncompliance |
Nature of the Violation |
Enforcement Response |
Response Time Frame |
Personnel |
| 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 |
| 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 | |
| Significant Noncompliance (IU meets SNC critieria under 40 CR Part 403) | Public Notice | Annually, but within 60 days after 403 Annual Report submitted to NJDEP | Dir. of O. & M. or his designee | |
| Significant Noncompliance (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 | |
|
Penalties noted in this ERP will be determined utilizing Table IV. This is defined in N.J.A.C. 7:14-8.16. |
||||
| MONITORING AND REPORTING VIOLATIONS | ||||
|---|---|---|---|---|
| Noncompliance | Nature of the Violation | Enforcement Response | Response Time Frame | Personnel |
| 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 of receipt of the NOV) | 6 months | Dir. of O.& M. / Exec. Dir. or his designee |
| Late 31 days or more 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 | |
| Incomplete for effluent parameter omission | 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 of receipt of the NOV) | 6 months | Dir. of O.& M. / Exec. Dir. or his designee | |
| 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 | |
| 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 (Note: penalty waived if complete report is received within 10 days of receipt of the NOV) | Public notice in acordance with aproved program. Penalty within 6 months. | Dir. of O.& M. / Exec. Dir. or his designee | |
| Incomplete for other omissions | NOV | 60 days | Dir. of O. & M. or his designee | |
| Falsification | NOV, Seek penalty & refer to county prosecutor | 60 days | Dir. of O. & M. / Exec. Dir. or his designee | |
| 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 |
| 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 | |
| Failure to meet final compliance date | NOV, seek penalty | 6 months | Dir. of O. & M. / Exec. Dir. or his designee | |
| 3) Failure to notify | Failure to report spill or change discharge | NOV; seek penalty where necesssary | NOV w/in 60 days of discovery; penalty no later than 6 months of discovery | Dir. of O. & M. / Exec. Dir. or his designee |
| 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 |
| 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 |
|
Penalties noted in this ERP will be determined utilizing Table IV. This is defined in N.J.A.C. 7:14-8.16. |
||||
| OTHER PERMIT VIOLATIONS | ||||
|---|---|---|---|---|
| Noncompliance | Nature of the Violation | Enforcement Response | Response Time Frame | Personnel |
| 1) Wastestreams are diluted to achieve discharge limits | Dilution (falsification under N.J.S.A. 58:10A-1, et seq.) | NOV, seek penalty |
NOV within 60 days
Penalty within 6 months |
Dir. of O. & M. / Exec. Dir. or his designee |
| 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)(1)(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 |
| Seek penalty | 6 months | Executive Director or his designee | ||
| 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. | Violation of operating requirements | NOV | 60 days | Dir. of O. & M. or his designee |
| 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 |
| 5) Inadequate record keeping | POTW inspector finds files incomplete or missing. | NOV | 60 days | Dir. of O. & M. or his designee |
|
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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