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 Violation
Response
Penalty
Personnel
First month with violation(s) in a 12-month period
Notice of noncompliance
None
Director
Second month with violation(s) in a 12-month period
Notice of violation
$100 per pollutant per day
Director
Third month with violation(s) in a 12-month period
Notice of violation
$200 per pollutant per day
Director
Fourth month with violation(s) in a 12-month period
Notice of violation
$300 per pollutant per day
Director
Fifth month with violation(s) in a 12-month period
Notice of violation
Administrative Compliance Order
$500 per pollutant per day
Director
Sixth to twelfth month with violation(s) in a 12-month period
Notice of violation
(Administrative Compliance Order remains in effect)
$500 per pollutant per day
Director
Any series of violations of effluent limitations which meet the definition of Significant Noncompliance
Administrative Compliance Order
See Note 5
Director
Any exceedance of effluent limitations which causes danger, interference, pass-through or sludge contamination
Administrative Compliance Order or civil litigation or terminate service
$2500 per pollutant per day
Director

Failure to Report Noncompliance
Nature of Violation
Response
Penalty
Personnel
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)
$200
Director
Failure to immediately report spill, slug load, or discharge causing interference or pass-through, or other harm
Administrative Compliance Order
(See Note 13)
$2500
Director
Failure to provide a written report within 5 days of a spill, slug load, or discharge that could cause interference or pass through
Notice of violation
$300
Director
Failure to report a violation of a permit effluent limitation within 24 hours
Notice of noncompliance
None
Director
Failure to report a violation of a permit effluent limitation within 3 days
Notice of violation
$200
Director
Failure to provide a certified laboratory report and written report within 5 days of a permit effluent limitation violation
Notice of violation
$200
Director
Failure to provide a written report of an effluent limitation violation as required by a Notice of Violation
Notice of violation
$300
Director
Any noncompliance report late by more than 30 days (SNC)
Administrative Compliance Order
$500
Director

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

General Reporting Requirements
Nature of Violation
Response
Penalty
Personnel
Any report (other than a noncompliance report) late by more than 5 days but less than 15 days
Telephone Call
None
Director
Any report (other than a noncompliance report) late by 15 to 30 days
Notice ofNoncompliance
None
Director
Any report (other than a noncompliance report) late by more than 30 days (SNC)
Administrative Compliance Order
$200
Director
Any incomplete or inaccurate report, or any report improperly signed or certified
Telephone Call
None
Director
Any incomplete or inaccurate report, or any report improperly signed or certified after telephone notice by City
Notice of Violation
$100
Director

Pollution Management Practices
Nature of Violation
Response
Penalty
Personnel
Failure to implement required pollution management practices (first notice)
Notice of Noncompliance
None
Director
Failure to implement required pollution management practices (additional notices)
Notice of Violation
$200 per month
Director

Record Keeping
Nature of Violation
Response
Penalty
Personnel
Failure to maintain required records for three years
Notice of Violation
$200
Director

Monitoring
Nature of Violation
Response
Penalty
Personnel
Failure to conduct self-monitoring as required in permit
Notice of Violation
$200 per event and conduct monitoring
Director
Improper sampling or analytical procedures used, no intent
Notice of Noncompliance
None
Director
Improper sampling or analytical procedures used, intent
Administrative Compliance Order (See Note 10 )
$2500
Director
Failure to install required monitoring equipment or facilities, delay less than 30 days
Notice of Noncompliance
None
Director
Failure to install required monitoring equipment or facilities, delay more than 30 days
Notice of Violation
$200
Director
Failure to install required monitoring equipment or facilities, delay more than 90 days
Administrative Compliance Order
$500
Director

Falsification
Nature of Violation Response Penalty 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
Notice of Violation
(See Note 10 )
$2500
Director

Unpermitted Discharge
Nature of Violation
Response
Penalty
Personnel
Industrial User unaware of requirement; no harm
Telephone call. Permit application sent
None
Director
Industrial User unaware of requirement; results in harm
Administrative Compliance Order
$500
Director
Failure to apply for permit within 30 days after notice from City
Notice of Violation
$200
Director
Failure to apply for permit within 30 days after Notice of Violation
Terminate service
None
Director
Industrial User aware of requirement; no harm
Notice of Violation
$300
Director
Industrial User aware of requirement, results in harm
Administrative Compliance Order
$2500
Director

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

Dilution
Nature of Violation
Response
Penalty
Personnel
Wastestream diluted in lieu of treatment; initial violation
Notice of Violation
$300
Director
Wastestream diluted in lieu of treatment; recurring
Administrative Compliance Order
$2500
Director

Entry Denial
Nature of Violation
Response
Penalty
Personnel
Entry to premises or access to sampling location denied
Notice of Violation
$2500
Director


Compliance Schedules
Nature of Violation
Response
Penalty
Personnel
Compliance date missed by less than 30 days
Notice of Noncompliance
None
Director
Compliance date missed by more than 30 days
Notice of Violation
$200
Director
Compliance date missed by more than 90 days (SNC)
Administrative Compliance Order
$500
Director
Failure to meet a compliance date listed in an Administrative Compliance Order
Administrative Compliance Order in effect
$500 per day
Director

Mobile Waste Hauler
Nature of Violation
Response
Penalty
Personnel
Discharge of wastes at unpermitted discharge point (first violation)
Notice of Violation $1000
Director
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
$5000
Director
Discharge of wastes at unpermitted time (first violation in 12 months)
Notice of Noncompliance
None
Director
Discharge of wastes at unpermitted time (second and subsequent violations in 12 months)
Notice of Violation
$500
Director
Failure to submit or properly complete manifest at time of disposals
Notice of Noncompliance
None
Director
Failure to submit or properly complete manifest within 10 days of Notice of Noncompliance
Notice of Violation
$50 per manifest
Director
Failure to submit or properly complete manifest at time of disposal two or more times in any calendar month
Notice of Violation
$50 per manifest
Director
Discharge of other than domestic or septage wastes without prior approval
Notice of Violation
$500
Director
Failure to supply copies of required documents to City by due date
Notice of Violation
$200
Director
Failure to clean up spilled material at disposal site
Notice of Violation
Twice cost to city of labor and materials to clean up site
Director
Mobile Waste Hauler discharging without a permit
Notice of Violation
$1000
Director
Failure to pay waste disposal charges within 30 days of mailing date
Letter regarding delinquent account with copy of billing
None
Finance, (Accounts Receivable)
Failure to pay waste disposal charges within 30 days of mailing date
City may restrict disposal hours and/or limit volume of wastes discharged
None
Director
Failure to pay waste disposal charges within 60 days of mailing date
Certified letter, demanding payment within 10 days;
cash, money order, cashiers check only
None
Finance, (Accounts Receivable)
Failure to pay waste disposal charges within 10 days of mailing date of above certified demand letter
Permit 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 Violation
Response
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)
Notice of Noncompliance
None
Director
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
$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 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 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 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.

    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. 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.