1. Tuning up Your ERP for Performance and Efficiency: A Review of San Jose’s Enforcement Response Plan

2. Background First ERP written in 1991 Revised in 1998
Revised again in 2002
To be revised in 2003
A never ending tale of the search for perfection

3. More Background Internal City Audit Conducted in 2000
Audit Report Findings of May 2001

4. Tune-up Considerations
What items needed to be addressed from the City Audit
What items do the guidance document suggest
What items will your Regional Board be checking for

5. Audit Findings Issued incorrect enforcement actions.
Did not issue enforcement actions for all identified violations.
Missed some administrative citations.
Did not apply sewer surcharge correctly.

6. Audit Changes Provide for consistent enforcement
Build clear guidelines into the ERP and ERG
Support the ERP with procedures

7. Areas of Improvement
Better describe the duties and responsibilities of pretreatment staff.
Refine the Enforcement Response Guide to allow more flexibility.
Ensure supervisory oversight.
Include supporting procedures.
Include supporting flow charts.

8. Responsible Staff Prior to Audit
Prior to our City audit, an inspector was designated as the Enforcement Coordinator
After the audit, the Senior Environmental Inspector was designated as the Enforcement Coordinator in order to provide supervisory oversight

9. Responsible Staff Enforcement Coordinator
Enforcement Coordinator Assistant
Inspector

10. Enforcement Coordinator
Reviews violations and makes final determination of enforcement action
Signs routine enforcement actions
Review response letters
Coordinates and moderates compliance meetings
Reviews company’s compliance history
Compiles compliance reports for pretreatment program compliance reports
Works with tributary agencies and their respective attorney’s office

11. Enforcement Coordinator Assistant
Review monitoring results and verify discharge violations
Verify timely responses for violations, compliance meetings and compliance schedules
Assist with compliance meetings
Prepare weekly compliance reports

12. Inspector Review monitoring results and identify any violations
Recommend enforcement actions to the EC
Track the Industrial User’s response to violations, and compliance schedules
Prepare compliance letters
Review compliance history of IU
Enter all enforcement actions into tracking

13. Elements of an ERP
Describe how the POTW will investigate instances of noncompliance.
Describe the types of escalated enforcement actions that the POTW will take and the time periods for these actions.
Show how the POTW will enforce on violations of the pretreatment standard.
Criteria for scheduling sampling and sampling.
A system to track due dates for SMR’s, responses to notices of violation and other enforcement actions.

14. Regional Board Checklist
When the Regional Water Quality Control Board reviewed our Enforcement Response Plan a five page checklist was used. Some of the key areas of this checklist are as follows.

15. Checklist Details
How does the POTW investigate instances of noncompliance?
Describe the types of Escalating Enforcement Responses the Control Authority will take.
Identify the officials who must approve each type of response.
Does the ERP present any obstacles to effective enforcement?

16. More Checklist Items Responsible Staff Time Frames
Inspection Procedures
Sampling Procedures
Data Management
Escalating Enforcement Details