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<br />an analytical result of5.1 mgjL, the multiplier is 3. [(5.1 + 0.5) = 10.2, which rounded to <br />next lower whole number is 10. <br /> <br />4. For violations of effluent limitations where the analytical result is less than or equal to 1.2 <br />times the permitted effluent limitation, or is less than 0.2 pH units above or below a per- <br />mitted effluent pH range, the City will not assess an administrative penalty for that viola- <br />tion. The violation will, however, be recorded and treated as a permit violation for all <br />other purposes, including the calculation of Significant Noncompliance. <br /> <br />5. For any series of violations of effluent limitations which meet the definition ofSig- <br />nificant Noncompliance, the enforcement response will be the issuance of an Ad- <br />ministrative Compliance Order. The penalty assessed will be as listed above, according <br />to the number of months with violations, or as specified in the Order. <br /> <br />6. Penalties listed for effluent violations are per pollutant per day, and apply to results ob- <br />tained from City or industrial user monitoring. The City may conduct monitoring as often <br />as necessary to determine compliance. For the purposes of assessing an administrative <br />civil penalty for a violation of effluent limitations, general discharge prohibitions, or <br />specific restricted substance limitations, the term "day" shall have one of the following <br />meanings: <br />a. If the violation is determined from data obtained from a grab sample, or a series of <br />grab samples, day means calendar day. <br />b. If the violation is determined from data obtained from an automatic pH recording <br />instrument, day means calendar day. <br />c. If the violation is determined from data obtained from a composite sample <br />collected by an automatic sampling device, day means the 24-hour period <br />beginning at the time sampling is initiated. <br /> <br />7. A violation of a monthly average, weekly average, or 4-day average effluent limitation <br />will be considered as one violation for the purpose of calculating the administrative <br />penalty, or other enforcement response. <br /> <br />8. Penalties listed above (except penalties for Mobile Waste Haulers) will be subject to a <br />flow-based multiplier according to the following: <br /> <br />For any discharger with a total daily wastewater flow greater than 100,000 gallons per <br />day, the administrative penalty listed in the enforcement response guide will be multiplied <br />by (Q x 10), where Q is the daily wastewater flow in million gallons per day (MGD) for <br />the industrial user responsible for the violation. For violations which relate to a separate <br />wastestream (such as an effluent limitation specific to one of several wastestreams), the <br />flow of this wastestream is used in the calculation. For general violations which relate to <br />the facility as a whole (such as entry denial), the wastewater flow from the whole facility <br /> <br />Appendix A to Admin Order No. 58-02-28-F <br />Administrative Rule R -6.501 - Page 11 <br />c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd <br />