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HomeMy WebLinkAboutAdmin Order 58-02-28-F ADMINISTRATIVE ORDER NO. 58-02-28-F of the City Manager pro tern of the City of Eugene AMENDMENT OF INDUSTRIAL PRETREATMENT PROGRAM ADMINISTRATIVE RULE R-6.463; RENUMBERING AS ADMINISTRATIVE RULE R-6.501; AND REPEAL OF ADMINISTRATIVE ORDER NOS. 58-93-17 AND 58-97-19-F. The City Manager pro tern of the City of Eugene fmds that: A. Section 2.019 and 6.5010fthe Eugene Code, 1971, authorize the City Manager to adopt rules deemed necessary for the administration and enforcement of the provisions of the Eugene Code, 1971. B. Pursuant to that authority and based on the findings contained in Administrative Order No. 58-02-28 issued on September 27, 2002, I proposed the amendment of the Industrial Pretreatment Program Administrative Rule. C. Notice of the proposed amendment was given by making copies available to any person who had requested such notice and by publication in the Register-Guard, a newspaper of general circulation within the City, for five consecutive days, to wit: September 30, October 4, 5, 6 and 7, 2002. Notice provided that written comments would be received for a period of 15 days from the date of the first publication. No comments were received within the time or in the manner provided in the notice. Now, therefore, based upon the findings in Administrative Order No. 58-02-28 and the above findings, which are hereby adopted, and pursuant to the authority contained in Sections 2.019 and 6.501 of the Eugene Code, 1971, I hereby repeal Administrative Order Nos. 58-93-17 and 58-97- 19-F as of the effective date of this Order, and adopt the Industrial Pretreatment Program Administrative Rule R-6.501 and Appendix A attached hereto, to provide as follows: R-6.501 - INDUSTRIAL PRETREATMENT PROGRAM R-6.501-A General Provisions These rules. are intended to ensure that the City's pretreatment program complies with the objectives of the Eugene Code, 1971, applicable state and federal law, and rules and regulations adopted thereunder. Notwithstanding the specific requirements of these rules, each industrial user of the City Sewerage System shall comply with all applicable local, state and federal laws and Administrative Order - 1 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustriaIPretreatment-2ao. wpd regulations governing the pretreatment of industrial wastes. Therefore, all references in these rules to other statutes and regulations are to those statutes and regulations as amended. R-6.501-B Specific Restricted Substance Limitations No industrial user shall discharge wastewater containing pollutants in excess of: Arsenic, Total Cadmium, Total Chromium, Total Copper, Total 110 Cyanide, Total Lead, Total Mercury, Total Nickel, Total Silica Gel Treated Hexane Ext. Material Phenols, Total Silver, Total Zinc, Total 0.3 milligrams per liter 0.3 milligrams per liter 2.0 milligrams per liter 1.5 milligrams per liter 2.6 milligrams per liter 1.4 milligrams per liter 0.05 milligrams per liter 1.7 milligrams per liter 100 milligrams per liter 3.5 milligrams per liter 0.8 milligrams per liter 1.6 milligrams per liter or further limitations as may from time to time be ordered by the City Manager, or concentration limits set by any local, state or federal regulatory agency having jurisdiction, whichever is stricter. R-6.501-C Annual Permit Fee A nonrefundable annual permit fee in an amount established by the City Manager pursuant to Section 2.020 of the Eugene Code, 1971 shall be paid for each industrial wastewater discharge permit. The initial payment shall be due upon permit issuance. Thereafter, the fee shall be due annually on August 1. R-6.501-D Enforcement 1. Defmitions. As used herein, the following words and phrases mean: (a) Noncompliance. A violation. (b) Upset. An exceptional incident in which an industrial user is in unintentional and temporary noncompliance with applicable pretreatment standards or requirements set forth in Sections 6.511 to 6.541 of the Eugene Code, 1971, these rules or its permit, because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational Administrative Order - 2 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02Industria1Pretreatment-2ao. wpd error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (c) Violation. (1) A discharge exceeding a constituent limitation; or (2) A failure to comply with requirements of a discharge permit, an order issued by the City Manager, these rules, an Administrative Compliance Order issued under these rules, or the Eugene Code, 1971. (d) Director. The person designated as the Wastewater Division Director of the Public Works Department of the City of Eugene, or designee. 2. Enforcement Orders. (a) Notice of Noncompliance. The Director may issue a Notice of Noncompliance for any violation. A Notice of Noncompliance shall be in writing and specify the violation(s), and the consequences of continued noncompliance. (b) Notice of Violation. The Director may issue a Notice of Violation for any violation. A Notice of Violation shall be in writing and specify the violation(s). The Notice may require a written response from the violator detailing the actions that will be taken to resolve the violation(s). A Notice of Violation may also include a Notice of Civil Penalty Assessment. (c) Notice of Civil Penalty Assessment. As part of a Notice of Violation, Administrative Compliance Order, or separately, the Director may issue a Notice of Civil Penalty Assessment pursuant to Sections 6.586 and 2.018 of the Eugene Code, 1971 for any violation. The Notice shall comply with the requirements contained in Section 2.018. The amount of the civil penalty shall be determined through the use of the Enforcement Response Guide attached as Appendix A to these rules and incorporated herein. (d) Administrative Compliance Order. The Director may issue an Administrative Compliance Order for any violation. The Order shall be in writing, specify the violation(s) and require compliance measures. The Order may also include a Notice of Civil Penalty Assessment for the violation. (e) Appeals. A Notice of Violation, Notice of Civil Penalty Assessment, or Administrative Compliance Order issued under this section may be appealed in the manner set forth in Subsection 6.586(6) of the Eugene Code, 1971. Administrative Order - 3 c:\ WINOOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao.wpd (f) Service. All notices/orders shall be delivered or sent by first class mail. Any notice/order served by mail shall be deemed received for purposes of time computations hereunder, three days after the date mailed, if to an address within this state, and seven days after the date mailed, if to an address outside this state. (g) Settlement of Civil Penalty Assessment. Upon receipt of Notice of Civil Penalty Assessment, an industrial user may request a conference with the City Manager or designee. The City Manager or designee may compromise or settle any unpaid civil penalty assessment where authorized under Section 2.582 of the Eugene Code, 1971. A request under this paragraph shall not act as a stay, or otherwise affect the filing or processing of an appeal under paragraph ( e) of this section. 3. Other Administrative Orders. (a) Stipulated Enforcement Order. The Director may enter into a Stipulated Enforcement Order for any violation. The Stipulated Enforcement Order shall state findings, direct the user to come into compliance within a specified time and may contain other requirements to address the noncompliance, including but not limited to interim pretreatment limits and compliance goals, and additional self-monitoring and management designed to minimize the amount of pollutants discharged to the city sewerage system. (b) Cease and Desist Order. The Director may issue a Cease and Desist Order in accordance with the provisions of Section 6.561 of the Eugene Code, 1971. (c) Termination and Revocation Order. The Director may issue a Termination and Revocation Order in accordance with the provisions of Section 6.571 of the Eugene Code, 1971. (d) Reconsideration and Appeal. Reconsideration and appeals of orders issued under subparagraphs (b) and (c) of this section shall be pursuant to Section 6.591 of the Eugene Code, 1971. ( e) Service. All notices/orders shall be delivered or sent by first class mail. Any notice/order served by mail shall be deemed received for purposes of any time computations hereunder, three days after the date mailed, if to an address within this state, and seven days after the date mailed, if to an address outside this state. 4. Affirmative Defense. (a) An upset shall constitute an affirmative defense to an enforcement action if the requirements of the paragraph (b) of this subsection are met. Administrative Order - 4 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao. wpd (b) To establish the affirmative defense of upset, an industrial user must demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the industrial user can identify the specific cause(s) of the upset; (2) The industrial user was at the time operating in a prudent manner and in compliance with applicable operation and maintenance procedures; and (3) The industrial user has submitted the following information to the Director within 12 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five days. a. A description of the ~ccurrence and cause of noncompliance; "'. '; b. The perioddf noncompliance, including exact dat~~fi'nd times or, if not corrected, the anticipated time the noncompliance is expected to continue; c. All steps being taken and! or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and d. Evidence the industrial user took all reasonable steps to minimize or prevent any discharge resulting from an upset. (c) The industrial user seeking to establish the occurrence of an upset in an enforcement proceeding shall have the burden of proof. (d) Notwithstanding this rule providing for the upset affirmative defense, to the extent such an affirmative defense is not available to the City or the Metropolitan Wastewater Management Commission, it is not available to the industrial user. 5. Sin2le Operational Event. (a) A single operational event is an exceptional incident which causes simultaneous, unintentional, unknowing (not the result of a knowing act or omission), temporary noncompliance with more than one effluent discharge pollutant parameter. A single operational event does not include violations of the Eugene Code, 1971 involving discharge without a Wastewater Discharge Permit or noncompliance to the extent caused by improperly designed or inadequate treatment facilities. A single operational event which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation. The industrial user Administrative Order - 5 C:\WINDOWS\Temporary Internet Files\OLK.61A5\02IndustrialPretreatment-2ao. wpd bears the burden of proving, by a preponderance of the evidence, the occurrence of the single operational event and its relationship to the effluent limitation exceedences in question. Each day of a single operational event is a violation. (b) Notwithstanding the provisions of this rule, a single operational event shall be treated as a single violation only to the extent that, in resulting enforcement action against the City or the Metropolitan Wastewater Management Commission the single operational event is treated as a single violation. jJ~ Dated and effective this 5 day of 9c.tohet, 2002. ~ f~- s R. Carlson Manager pro tem Administrative Order - 6 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Penalty Personnel First month with violation(s) in a 12-month Notice of None Director period Noncompliance Second month with violation(s) in a 12- Notice of Violation $100 per Director month period pollutant per day Third month with violation(s) in a 12- Notice of Violation $200 per Director month period pollutant per day Fourth month with violation(s) in a 12- Notice of Violation $300 per Director month period pollutant per day Fifth month with violation(s) in a 12-month Notice of Violation $500 per Director period Administrative pollutant per Compliance Order day Sixth to twelfth month with violation(s) in Notice of Violation $500 per Director a 12-month period (Administrative pollutant per Compliance Order day remains in effect) Any series of violations of effluent Administrative See Note 5 Director limitations whicp. meet the defmition of Compliance Order Significant Noncompliance Any exceedance of effluent limitations Administrative $2500 per Director which causes danger, interference, pass- Compliance Order or pollutant per through, or sludge contamination civil litigation or day terminate service Appendix A to Admin Order No. 58-02-28-F Administrative Rule R -6.501 - Page 1 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Penalty Personnel Failure to immediately report any slug load, Notice of Violation $200 Director or a spill or discharge that could cause (see Note 13) interference or pass-through (no harm) Failure to immediately report spill, slug Administrative $2500 Director load, or discharge causing interference or Compliance Order pass-through, or other harm (see Note 13) Failure to provide a written report within 5 Notice of Violation $300 Director days of a spill, slug load, or discharge that could cause interference or pass through Failure to report a violation of a permit Notice of None Director effluent limitation within 24 hours Noncompliance Failure to report a violation of a permit Notice of Violation $200 Director effluent limitation within 3 days Failure to provide a certified laboratory Notice of Violation $200 Director report and written report within 5 days of a permit effluent limitation violation Failure to provide a written report of an Notice of Violation $300 Director effluent limitation violation as required by a Notice of Violation Any noncompliance report late by more Administrative $500 Director than 30 days (SNC) Compliance Order Appendix A to Admin Order No. 58-02-28-F Administrative Rule R-6.50 1 - Page 2 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Penalty Personnel Failure to notify the City of a substantial Notice of Violation $200 Director change in volume or character of pollutants in discharge Failure to notify the City of a batch Notice of Violation $500 Director discharge Failure to report a slug discharge within 24 Notice of Violation $200 Director hours Failure to notify the City of the disposal of Notice of Violation $200 Director over 500 gallons of wastewater to any other person in a period of 12 consecutive months Failure to obtain prior written Notice of Violation $1000 Director permission for discharge of any hazardous waste, subject to exemptions in City Code Failure to report the discharge of any Notice of Violation $200 Director hazardous waste within 180 days, subject to exemptions in City Code Two or more failures to submit required Administrative $500 Director reports or notifications in a 12-month Compliance Order period (See Note 2) Failure to report all monitoring data Notice of Violation $200 Director Appendix A to Admin Order No. 58-02-28-F Administrative Rule R-6.501 - Page 3 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Penalty Personnel Any report (other than a noncompliance Telephone Call None Director report) late by more than 5 days but less than 15 days Any report(~ther than a noncompliance Notice of None Director report) late by 15 to 30 days Noncompliance Any report (other than a noncompliance Administrative $200 Director report) late by more than 30 days (SNC) Compliance Order Any incomplete or inaccurate report, or any Telephone Call None Director report improperly signed or certified Any incomplete or inaccurate report, or any Notice of Violation $100 Director report improperly signed or certified after telephone notice by City Nature of Violation Response Notice of Noncompliance Penalty Personnel Failure to implement required pollution management practices (frrst notice) Failu ,:. <'implement required pollution management practices (additional notices) None Director Notice of Violation $200 per month Director Appendix A to Admin Order No. 58-02-28-F Administrative Rule R-6.501 - Page 4 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Notice of Violation Penalty $200 Personnel Failure to maintain required records for three years Director Nature of Violation Response Penalty Personnel Failure to conduct self-monitoring as Notice of Violation $200 per event Director required in permit and conduct monitoring Improper sampling or analytical procedures Notice of None Director used, no intent Noncompliance Improper sampling or analytical procedures Administrative $2500 Director used, intent Compliance Order (See Note 10) Failure to install required monitoring Notice of None Director equipment or facilities, delay less than 30 Noncompliance days Failure to install required monitoring Notice of Violation $200 Director equipment or facilities, delay more than 30 days Failure to install required monitoring Administrative $500 Director equipment or facilities, delay more than 90 Compliance Order days Appendix A to Admin Order No. 58-02-28-F Administrative Rule R-6.501- Page 5 c:\ WINOOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Notice of Violation (See Note 10) Penalty $2500 Personnel 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 device Director Nature of Violation Response Penalty Personnel Industrial User unaware of requirement; no Telephone call. None Director harm Permit application sent Industrial User unaware of requirement; Administrative $500 Director results in harm Compliance Order Failure to apply for permit within 30 days Notice of Violation $200 Director after notice from City Failure to apply for permit within 30 days Terminate service None Director after Notice of Violation Industrial User aware of requirement; no Notice of Violation $300 Director harm Industrial User aware of requirement, Administrative $2500 Director results in harm Compliance Order Nature of Violation Response Penalty Personnel Appendix A to Admin Order No. 58-02-28-F Administrative Rule R-6.501- Page 6 c:\ WINOOWS\Temporary Internet Files\OLK.61A5\02Industria1Pretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Application for permit Notice of Violation $100 Director reissuance late by more than 15 days (due 90 days prior to expiration date) Nature of Violation Response Penalty Personnel Wastestream diluted in lieu of treatment; Notice of Violation $300 Director initial violation Waste stream diluted in lieu of treatment; Administrative $2500 Director recurnng Compliance Order Nature of Violation Response Penalty $2500 Personnel Entry to premises or access to sampling location denied Notice of Violation Director Nature of Violation Response Penalty Personnel Compliance date missed by less than 30 Notice of None Director days Noncompliance Compliance date missed by more than 30 Notice of Violation $200 Director days Compliance date missed by more than 90 Administrative $500 Director days (SNC) Compliance Order Failure to meet a compliance date listed in Administrative $500 per day Director an Administrative Compliance Order Compliance Order in effect Appendix A to Admin Order No. 58-02-28-F Administrative Rule R -6.501 - Page 7 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Penalty Personnel Discharge of wastes at unpermitted Notice of Violation $1000 Director discharge point (first violation) Discharge of wastes at unpermitted Notice of Violation $5000 Director discharge point (second violation) Permit revoked; unauthorized to discharge at WPCF; letter of notification to hauler; copy of letter to DEQ Discharge of wastes at unpermitted time Notice of None Director (frrst violation in 12 months) Noncompliance Discharge of wastes at unpermitted time Notice of Violation $500 Director (second and subsequent violations in 12 months) Failure to submit or properly complete Notice of None Director manifest at time of disposal Noncompliance Failure to submit or properly complete Notice of Violation $50 per Director manifest within 10 days of Notice of manifest Noncompliance Failure to submit or properly complete Notice of Violation $50 per Director manifest at time of disposal two or more manifest times in any calendar month Discharge of other than Notice of Violation $500 Director domestic or septage wastes without prior approval Failure to supply copies of required Notice of Violation $200 Director documents to City by due date Appendix A to Admin Order No. 58-02-28-F Administrative Rule R -6.501 - Page 8 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Penalty Personnel Failure to clean up spilled material at Notice of Violation Twice cost to Director disposal site city of labor and materials to clean up site Mobile Waste Hauler discharging without a Notice of Violation $1000 Director permit Failure to pay waste disposal charges Letter regarding None Finance, within 30 days of mailing date delinquent account (Accounts with copy of billing Receivable) *** *** *** City may restrict None Director disposal hours and! or limit volume of wastes discharged Failure to pay waste disposal charges Certified letter, None Finance, within 60 days of mailing date demanding payment (Accounts within 10 days; cash, Receivable) money order, cashiers check only Failure to pay waste disposal charges Permit revoked, Unauthorized Director within 10 days of mailing date of above unauthorized to to certified demand letter discharge at WPCF; discharge at letter of notification WPCF to hauler; copy of (See Note 11) letter to DEQ Appendix A to Admin Order No. 58-02-28-F Administrative Rule R -6.501 - Page 9 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02Industria1Pretreatment-2ao-AppA. wpd INDUSTRIAL PRETREATMENT PROGRAM Enforcement Response Guide Nature of Violation Response Notice of Noncompliance Penalty Personnel Failure to comply with any other condition or requirement of a Wastewater Discharge Permit or Mobile Waste Hauler Permit not included above (no intent) Failure to comply with any other condition' or requirement of a Wastewater Discharge Permit or Mobile Waste Hauler Permit not included above (intent) None Director Notice of Violation $200 Director 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 -:- 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 of3. For example, for a discharge with an effluent limitation of 0.5 mg/L, and Appendix A to Admin Order No. 58-02-28-F Administrative Rule R -6.501 - Page 10 C:\WINDOWS\Temporary Internet Files\OLK61A5\02Industria1Pretreatment-2ao-AppA. wpd an analytical result of5.1 mgjL, the multiplier is 3. [(5.1 + 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 per- mitted effluent pH range, the City will not assess an administrative penalty for that viola- tion. 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 ofSig- nificant Noncompliance, the enforcement response will be the issuance of an Ad- ministrative 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 ob- tained 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: a. If the violation is determined from data obtained from a grab sample, or a series of grab samples, day means calendar day. b. If the violation is determined from data obtained from an automatic pH recording instrument, day means calendar day. c. 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 wastestream (such as an effluent limitation specific to one of several wastestreams), the flow of this wastestream 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 Appendix A to Admin Order No. 58-02-28-F Administrative Rule R -6.501 - Page 11 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustrialPretreatment-2ao-AppA. wpd 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. :l 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. If the wastewater flows above are not available, the best available data will be used by the City to estimate the flow. 9. Other enforcement orders available besides those listed in the guide above include: Stipulated Enforcement Order; Cease and Desist Order; and Termination and Revocation Order. These orders can be issued separately or in conjunction with any other order in the guide. 10. 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 $1000 or more than $2500, or 30 days in jail, or both, for each day in which such violation occurs. 11. 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. 12. i\For industries'with more than one regulated wastestream, the escalated response to effluent violations is applied separately. For example, if an industry has three consecutive months of violations at one wastestream and then the following month a violation occurs at a separate wastestream, this would count as the industry s first violation for that wastestream assuming there were no other violations at this location during the past 12 months. 13. For slug discharges, notification to the POTW shall occur within 60 minutes of the industrial user becoming aware of it. Appendix A to Admin Order No. 58-02-28-F Administrative Rule R-6.501 - Page 12 c:\ WINDOWS\Temporary Internet Files\OLK61A5\02IndustriaIPretreatment-2ao-AppA. wpd