Enforcement Response Plan

The Federal Pretreatment Regulations in 40 CFR 403 The Federal Pretreatment Regulations in 40 CFR 403.8(f)(5) require Pretreatment Control Authorities to have an Enforcement Response Plan (ERP) that reflects their primary responsibility to enforce all applicable pretreatment requirements and standards.

Specifically, our ERP must: Describe how CFPUA will investigate instances of industrial user noncompliance. Cover all anticipated types of industrial user violations. Describe types of escalating enforcement responses CFPUA will take for each type of violation, including time frames for each response. Identify by title the official(s) responsible to each type of response.

Current ERP: Functional but has opportunity for improvement Ambiguous in some areas Leaves too much room for inequitable enforcement Lacks guidance for determining civil penalty assessment monetary values Lacks guidance for documentation Lacks guidance for penalizing food service establishments for noncompliance

Review of other plans: Boone. Buncome County. Charlotte. Greensboro. Raleigh. Winston Salem. North Carolina Department of Environmental Quality’s Model Plan.

Goal for new plan: Include a Notice of Deficiency option Include FSEs Provide for equitability among similar violations for similar users Provides for escalated enforcement Increase points table for penalty ranges Provide an avenue to utilize and document the consideration of the required 8 factors to determine monetary amount of civil penalty Ensure it is fair, equitable, defendable, and inclusive of any violations of the Sewer Use Ordinance

Civil Penalty Ranges: Old Plan: New Plan:

8 Factors: Degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation Duration and gravity of the violation Effect on ground or surface water quantity or quality or on air quality Cost of rectifying the damage Amount of money saved by noncompliance If the violation was committed willfully or intentionally Prior record of the violator in complying with the ordinance Costs of enforcement

How to achieve these goals when determining monetary assessment: Civil Penalty Assessment Form Examples?

Examples?

Current Status ERP Presented to the state during our recent Pretreatment Compliance Audit and received an enthusiastic response Currently being reviewed by the state for formal approval Based on comments form NCDEQ this plan is likely to become the model for others across the state to follow NCDEQ staff really liked the repeatability and the ability to document the 8 factor consideration and weighting