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HomeMy WebLinkAboutResolution 2007-140 N.C.S. 08/06/2007 Resolution No. 2007-140 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITE' COUNCIL OF THE CITY OF PETALUIVIA REPEA1t,ING AND RE-ADOPTING AN ENFORCEMENT RESPONSE PLAN:IN ACCORDANCE WITH PART III OF TITLE 15 OF THE PETALUMA MUNICIPAL CODE GOVERNING SEWERS AND SEWAGE DISPOSAL AND THE PRETREATMENT PROGRAM REQUIREMENTS CONTAINED IN 40 CFR 403.8(f)(5) WHEREAS, the City Council of the City of Petaluma has introduced an update to the sewer use requirements contained in Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72, and 15.76 Part III of Title 15 of the Petaluma Municipal Code concerning City sewer construction and use; and, WHEREAS, such chapters authorize the City of Petaluma to enforce all applicable pretreatment standards as described in such chapters in accordance with applicable federal and state law and regulations; and, WHEREAS, regulations promulgated by the U.S. Environmental Protection Agency ("USEPA") at 40 CFR 403.8(f)(5) require publicly owned treatment works ("POTW") to develop and implement an enforcement response plan containing detailed procedures indicating how the POTW will investigate and respond to instances of industrial user non-compliance; and, WHEREAS, the Enforcement Response Plan attached to and made a part of this resolution as Exhibit A 11as been developed to ensure that all users are in compliance with the City's sewer use requirements, including applicable federal and state law and regulations, and to provide for fair and effective enforcement of such requirements in accordance with 40 CFR 403.8(f)(5); and, WHEREAS, adoption and implementation of the Enforcement Response Plan as required by 40 CFR 403.8(f)(5) is exempt from the California Environmental Quality Act ("CEQA") in accordance with Section 15308 of the CEQA Guidelines as action by a regulatory agency as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment; and, WHEREAS, on June 18, 2007, the Petaluma City Council introduced an ordinance repealing and reenacting Chapter 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72, and 15.76 of Part III of Title 15 of the Petaluma Municipal Code concerning sewer constriction and use, and that same day, pursuant to Part III of Title 15 of the Petaluma Municipal Code and 40 CFR 403.8(f)(5), adopted Resolution No. 2002-110 N.C.S. adopting an Enforcement Response Plan; and, WHEREAS, the City of Petaluma received seven comments from the Regional Water Quality Control Board which have been incorporated in an amended ordinance repealing and reenacting Chapters 15.40, 15.44, 15.48; 15.5.2, 15.56, 15.60, 15.64, 15.68, 15.72, and 15.76 of Part III of Title 15 of the Petaluma Municipal Code concerning sewer construction and use. Resolution No. 2007-140 N.C.S. Page 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. The above recitals are true and correct and hereby declared to be findings of the City Council of the City of Petaluma. 2. Resolution No. 2002-110 N.C.S. adopted June 18, 2007, is repealed. 3. The Enforcement Response Plan attached to and made a part of this resolution as exhibit A is hereby approved and adopted. 4. The Director of the Department of Water Resources and Conservation ("Director") is authorized and directed to implement the City's Enforcement Response Plan in accordance with the requirements of 40 CFR 403.8(f)(5) and other applicable law and the Director of Water Resources and Conservation is directed to monitor sewer use laws and regulations applicable to the City's sewer use requirements and return to the City Council from time to time with recommendations for updates to the City's sewer use requirements to ensure they comply with such laws and regulations. This Resolution shall become effective immediately and the Director is authorized and directed to commence implementation of the Enforcement Response Plan upon the effective date of Ordinance. No. 2282 N.C.S. updating the sewer use requirements contained in Chapters 15.40, 15.44, 15.48, 15.52, 15.56, 15.60, 15.64, 15.68, 15.72, and 15.76 Part III of Title 15 of the Petaluma Municipal Code. 5. All portions of this Resolution are severable. Should any individual component of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining Resolution portions shall be and continue in full force and effect, except as to those Resolution portions that have been adjudged invalid. The City Council of the City of Petaluma hereby declares that it would have adopted this Resolution and each section, subsection, clause, sentence, phrase and other portion hereof, irrespective of the fact that one or more section subsection, clause sentence., phrase or other portion may be held invalid or unconstitutional. Under the power and authority conferred upon this Council by the Char[er of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pp~iov d as t Council of the City of Petaluma at a Regular meeting on the 6'~' day of August, / fo 2007, by the following vote: City Atton ey AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt NOES: None :f ABSENT: None di''/?,r ~ ABSTAIN: None - - f ~,d ATTEST: City Clerk Mayor ~ _ Resolution No. 2007-140 N.C.S. Page 2 City of Petaluma Enforcement Response Plan L Introduction This document is entitled City of Petaluma Enforcement Response Plan. Whenever reference is made to the City of Petaltuna in this document, it shall be cited "CITY''. The purpose of tills plan is to describe and outline CITY procedures for implementing its pretreatment "Enforcement Response Plan" (ERP). The table presented below details specific objectives of the ERP. ® To define the range of enforcement actions based on the nature and severity of the violation and other relevant factors. ® To identify appropriate CITY personnel who may initiate various enforcement actions. ® To illustrate the various documents (tools of enforcement) that the CITY will use in implementing the ERP. ® To establish a means of tracking violator progress (from start to finish) once the initial enforcement has been taken. a To promote consistency aild timely use of enforcement actions by the CITY. ® To eliminate ally confusion or uncertainty concerning enforcement. ® To provide a fair and equitable means of enforcing the CITY's Sewer Use Ordinance. II. Definitions acid Abbreviations ® AO -Administrative Order: Enforcement documents which direct industrial users to undertake or to cease specific activities, i.e. Compliance Order, Cease and Desist, Show Cause. ® Assessment of Charges -Charges assessed to the user for causing interference or dazuage to CITY facilities or operations. a CC -City Council, City of Petaluma ® CITY -The City of Petaluma: The City Council of Petaluma may designate tine position(s) or Person(s) to whom responsibilities and authority of the City are delegated and may from time to tine modify such delegations. Absent ally further specific delegation bythe City CoLUicil of Petaluma, the authority and responsibility set forth in this Ordinance (Chapters 15.44 through 15.76) shall be delegated to the Director of Water Resources and Conservation, including leis or her designee(s). ® Civil Action -Civil litigation against the user seeking equitable relief, monetary penalties, and actual damages. ® Criminal Action - Pursuiig ptunitive measures against an individual and/or organization through a court of law. Resolution No. 2007-140 N.C.S. Page 3 ® CR -Case Report: A ~~-itten investigative report submitted by Industrial Waste persoiu~el recommending that forn~al enforcement action be taken. o EAM -Enforcement Action Model: a flowchart illustratilig graduated enforcement actions, time requirements, and enforcement options available to guide the CITY in resolving noncompliance issues. ® EM -Engineering Manager, Department of Water Resotu•ces and Conservation. ® ERG -Enforcement Response Guide: A matrix that identifies pretreatment violations and identifies what type for enforcement actions (ministerial or fornial) CITY personnel will iiutiate. ® ERP -Enforcement Response Plan: A plan which describes how the CITY will investigate and take appropriate enforcement actions for instances of noncompliance. ® Fine -Monetary penalty assessed by Control Authority officials. ® F -Formal Action: Enforcement actions, other than nuiusterial, which the Director of the Department of Water Resources and Conservation or a designated staff representative (i.e. Engineeruig Manager, Plant Manager) may approve. ® Formal Notices - A letter or an Administrative Order. ® IWI -Industrial Waste Inspector. ® IWP -Industrial Waste Personnel ® Meetings -Informal compliance meeting with the user to resolve recun-u~g ,noncompliance. Violator is warned of the possibility of escalated enforcement action if noncompliance contuiues. ® M -Ministerial Action: Acts perfomled by Industrial Waste persoiulel. ® NCF -Noncompliance Fee: A fee automatically assessed against the user for violating local or categorical limits. m NOV -Notice of Violation: A doctunent inforning the user that it has violated the CITY Sewer Use Ordinance and appropriate corrective actions must be taken. ® Plant Manager -The person designated by the City to supervise the operation of the Publicly Owned Treatment Works and who is charged with certain duties and responsibilities by this Title, or his or her duly authorized representative. ® SEP -Sample and Evaluation Program: Sampling Program conducted by the CITY following repeated user limit violations. ® Show Cause - Fornlal meeting requiring the user to appear and demonstrate wiry the CITY should not take proposed enforcement action against it. The meeting may also serve as a forum to discuss collective actions and compliance schedules. ® Suspensioi~/TernZination - A temporary or permanent physical interruption of sewer services. ® Verbal Wanting - A verbal notification by the IWP that the user has violated the Sewer Use Ordinance, and that some required action is necessary. Resolution No. 2007-140 N.C.S. Page 4 ® WN - Wan~uig Notice: A document informing the violator that additional information or actions are required in response to the NOV. III. Enforcement Authority City of Petaluma, Sewer Use Ordinance, Chapter 15.68 provides for enforcement and penalties against users who fail to comply with the requirements of the Sewer Use Ordinance. Any user who violates this code is guilty ofa misdemeanor punishable by a fine of not more than $1,000 or a term or imprisonment amounting to no more than six .months, or both (Chapter 15.68.020.6). Each violation is considered a separate and new offense. The CITY may also bring civil actions as may be available to enforce the provisions of its ordinance and to recover such cost, fees, penalties, and/or damages. Civil enforcement may be executed in the form or injunction (temporary restraining order, prelimnlary injunction, permanent uijunction) and/or holding the user liable for penalties not to exceed $25,000 for each day in which the violations occurs as long as the violation continues. The CITY may petition the Superior Court to impose, asses, and collect such sums pursuant to the Sewer Use Ordnance Chapter 15.68.020 and Califorua Govermnent Code § 54740, et seq. CITY persomiel have: authority to enter and inspect, where wastewater is generated or discharged at all reasonable times, all parts of the premises far the purposes of inspection, sampling, analysis, records examination, or to perform any of their routine duties (Chapter 15.60.050). Inspections of significant industrial uses will occur at least once a year as may be necessary to enforce the provisions of the ordinance. 1V. Range and Categories of Enforcement Mechaiusms The full range of enforcement mechaiusms available to the CITY are: Informal adniuiistrative action, admiiustrative orders and compliance schedules, imposition fees for noncompliance, assessment of charges for interference with or damage to CITY facilities or operations, suspension or termination of services, civil action, and criminal action (Chapter 15.68) Enforcement actions are divided into t<vo general categories: miiusterial, executed by 111dustrial Waste personnel, and formal enforcement actions requiring approval of the Director of the Department of Water Resources and Conservation, or his/her designated representative. 1. Miiusterial Actions a. Verbal VJanung Resolution No. 2007-140 N.C.S. Page 5 b. Notice of Violation (see example form, Exhibit 1) c. Noncompliance Fee d. Warning Notice (see example form, Exhibit 2) e. Meetings 2. Forn~al Enforcement Actions a. Formal Notices b. Show Cause Hearing c. Assessment of Charges d. Suspension or Terliination of Services e. Criminal Action f. Civil Action V. The Enforcement Program and How it Works The program is designed to follow a graduating enforcement procedure. For example, after a violation has been determined, the Industrial Waste Persoru7el (IWP) must determine whether the violation falls into the category of formal or ministerial enforcement action. If it is determined that the violation is a ministerial action, IWP will issue a NOV within. l4 days of becomnig aware of the violation (example form attached, see example 1). If it is determined that the violation necessitates a fomlal action, IWP with the direction of the Director (or his/her designated representative) will undertake an investigation which may result in the subnuttal of a case report (see example form, Exhibit 3) to the District Attorney requesting prosecution or a suit by the CITY in the fornl of a civil action. Either a pattern of noncompliance or an aggravated violation may constitute a fornial enforcement action (see Enforcement Action Model (EAM), Exhibit 6). The NOV will be the uitial prunary enforcement tool of the CITY. This document informs the violator of the specific ordinances, permit conditions, and/or contract permit conditions which were violated and actions required to be taken. The violator must respond in writuig to the NOV requests within the time specified by the NOV. The NOV may be issued in the presence of the violator or sent by Certified Mail, Return Receipt Requested. The violator's timely and detailed response to the NOV will be considered in deterniinin6 enforcement options, if any. The Industrial User will be required to sign the NOV. In the event of the user's refusal to sign the.NOV, the user will be infornled of the alternative enforcement options, including termination of services, civil action, and/or referral to the District Attonley. The user will normally be given 30 days (from date of issuance) to bring about any required corrective actions. Additional time to con-ect the violation may be given to any violator who justifies the need for an extension. Resolution No. 2007-140 N.C.S. Page 6 Once the con•ective actions have been completed by the violator, the person who has issued the NOV will (if necessary) return to inspect the user's operation and verify that said corrective actions have been. taken. Typically, all enforcement actions for the violations set for November will terminate when corrective actions have been completed to the satisfaction of the City. If a subsequent violation occurs, the process starts again. The Enforcement Action Model in concert with the Enforcement Response Guide (Exhibit 7) will guide CITY persomiel through the entire enforcement process. All pertinent communication with user will be entered into the "User ErzforcementlConunuzications Log" (see example form, Exhibit 5). Adherence to time requirements by the violator will be closely monitored. Violators who fail to meet the time requirements imposed, including such extensions as may be granted by the CITY, may be subject to accelerated enforcement actions. VI. Enforcement Responsibilities of Industrial Waste Personnel Industrial Waste persozuiel may initiate ministerial enforcement actions pursuant to CITY Sewer Use Ordinance Chapter 1.5.68. Violations may rori7e to the attention of IWP izl a variety of ways, i.e. routine insl;ections by tl~e IWP, discovery by maintenance and sewer personnel, etc. Ctenerally, the IWP will initiate all ministerial actions. The IWP will inform the Engineering Manager whenever he/she takes a muisterial action. VII. Tlie CITY's Enforcement Tracking System In order to ensure that the violator fulfills its legal obligation, the CITY will closely monitor the progress of each violator by use of a tickler notification system. Tlus program will be computer maintained as well as with hard copy (see attached form, Exlbit 4). VIII. Publishing Lists of Industrial Users with Si glzificant Violations Section 403.8(f)(2)(vii) of the General Pretreatment Regulations requires that the CITY publish, at -least annually, in the largest daily newspaper located in the municipality sezviced by the CITY, a list of industrial users that significantly violated applicable pretreatment standards and requirements during the previous 12 months. The CITY will publish a list of all significant pretreatment violators at least once a year in the Press Democrat . S:\«~ater resources & conservation\Wastewater\6240\Ordinance\Enforcement Responce Plan Final.doc Resolution No. 2007-140 N.C.S. Page 7 ~ v vv r vlr c ll+ ~ ,v:s S y~ 8 Sy)p_ ~ e~ r~ f4 ~4R ~!r f K~x ~ 1„ .fj`r"i B $ ('°"31p-,v.F S7- ~`I ;~V U'~ ~~I ~ f~ EI' 202 N. dl/lcDowel[ Blvd. Petaluma, CA 94954 (707) 778-4546 Issued ~y: ~~qp 1~~4e: ~ ~ ~+y ~ - ~ Q FIAND UEUv/FRED ~ CERTIFIED MAIL I! fQ. CaENERAeL IiV~f~RIUIpaTIC3N S~CC~i®f~ FACILITY NA~~IE PROPERTY OWNER $ITE ADDRESS ~ ADDRESS MAILING ADDRESS HQ/REG~L NAME ADDRESS CONTACT NANAE/TITLE CONTACT PHONE 1{ f-IQ/REG'L COIVTACT TYPE OF BUSINESS CONTACT PHONE 1t 13. DEFICIEi~C1P SE~~I~ill ? The completion /submittal of was due on Q The record(s) checked below ? OEM Logs ? PCR ? Analytical Report ? Manifests/receipts ? Chain of Custody ? pH tape ? Flow tape ? Baseline Monitoring Report ? Other: was (were) deficient for the following reason: ? Failure to notify of as required. ? The discharge from the facility contained the following pollutant(s) of concern to the District: Sampled By Constituent Concentration Discharge Limit Dale Sampled ? IU ~.t City ? IU C~ City ? Protection of sanitary sewer inlets from the discharge of restricted materials is required for: ? The grease, oil and sand interceptor at the facility is in need of maintenance. [=l The sampling conducted on at the Facility was deficient due lo: ? Other. C] Other:- r?e¢adls: G. CORRECTi!!E faC~6fl'~NS SE~TI®N Provide documentation that the deficiency identified in Section B has been corrected. Cl Correct the deficiency in the records identified in Section B and submit the completed document. ? Ensure that all future records include the information identified in Section B. Resubmitlal is not required al this lime. ? Evaluate the process wastewater to determine the source of each pollutant identified in Section B and how it can be minimized or eliminated_ Q Conduct [grab composite grab composite ]sampling of the process discharge. Analyze for: (certified lab only). Submit original analysis report and chain of custody. ? Ensure that future sampling events are conducted and reported in accordance with District requirements. ? Submit a written response including the following information: How you intend [o coirect the problem ? How you wll prevent future occurrences ? Proposed schedule/anticipated completion date for: Other: DeEaiBs: IZ~spt~eo~I ia~ snrPiRieag n® I~tetr fli~ata D. SI6Nd~.~UFtE :~E~TI06~ Eaierrr•e fi© corrt~lete fhe Correcf6ve Acfeons spece06ed af7ove or r~ecurrertce ofi tfEe a°efidency noted above will i`esulf en isssrance m>i a dNofice of 1/iolafeon. Signen~ flies docurraenf acernowledges receepaf and does not consfefufe an adrnesseran a6s~aeelf. aignalteace 1( _ _ aciliry epre~entafive . ~ -Mfr. Date - COPY: CCC DISTP.ICT ATTORNEY City Attorney _~T,.,E,;: wHrre orFlcE l'ELLptRr:, 1-ACt4, ~r~`~b`7°5r4ral{'.SEc.s Page 9 Resolupon ~V O. ~~J~ fJ-`.r Nl/RCF.\A Cni~rr~ r,~,~,rnllFnlnrromonl'~1NN"?-nf..1n~- C'+~ ~~~~~~aFfi~t'n`r1d;t~St'~tt..~d ~'4~vtl'`ryrt~ ;*~,;i, Is rTe ~p (gyp®. ~r 0 ~ t~l ;~lY6~,E?15'f~efdi3f~ bJl Fki.713'sF~~'XR Hi ~ SI F"~~rfPY~f,+~~~~~ BW®~ Y'rt~ ~ 202 lV. 6Vdcl~ovtre8l ~Ivci. l'eialulTta, ~A 94954 P~~t~~d !707)~~}y1778-4-54~~(5j(6~~~' r~qp¢~~ ~ ""y a ml ~ HAND DELI1lERED ? CERTIFIED MAIL # aR. 4~EtVEFZ~.L 1N~~f~~ItA~(ia{~-~ECTIOfV FACILITY NAME PROPERTY OWNER SRE ADDRESS ADDRESS MAILING ADDRESS HOIREG'L NAME ADDRESS CONTACT NAME/TITLE - CONTACT PFIONE t:~ FIOIREGL CONTACT TYPE OF BUSINESS COIVTACT PHONE # B. VI©LIATIC?dls iECTBOf\j COfOE S~CTIOEI ®ESC12lI'TION OF VIOLATIOIV VIOLATIOIN ®ATE X15.48.020/030 Discharge ? A. Explosivelflammable ? J. Stormwater/groundwater/rainwater discharge ? M. Hazardous waste ? Other ?15.52.030.D Failure to provide protection from slug discharge 015.52.050_] Failure to notify slug discharge ?15.56 Failure to notify slug discharge 015.52.020 Discharging without a valid Industrial User Permit ?15.48 Failure to meet permit condition ?15.52.070 Failure to meet reporting requirement ?'15.G0 Failure to meet monitoringlsampling requirement ?15.48.130 Failwe io install a grease, oil, t~ sand interceptor ?15.48.130 Failure to maintain grease oil t6 sand interceptor ? Other: ? Otlier: ?15.48.040 Specific Pollutant Limit Violations: Sampled By Constituent Concentration Discharge Limit Date Sampled. ? IU ? City ? IU ? City ®~ta,i0a v~f ariolati®oo: ~ The atxove vioBation(s) rroay be subject 6o the Significant Egon-Corrrpliance (SESC) Criteria and apptica@le putxlication_ C. RE.QU6REQ PsCTIOfV~ SECTI®1^a9 lonrroediateiy abate the vi®lations. Each a9ay of violation will txe considered a new and separate o6fense. 0 1. Conduct [grab composite grab composite] sampling of the process discharge. Analyze for: (Certified tab using wastewater methods). Submit original analysis report and chain of custody. ? 2. Submit the following document(s): ? 3. Submit a written response including the following information: ? a. How/when [he incident occurred ? b. How you intend io correct the problem ! ? How you will prevent future occurrences ? d. Proposed schedule/anticipated completion date for: ? ~I. Other: details: ~~~~~fs~ apt ctveoltut~~ t~® V~~~e ~~t~~l SIC96VAT9JRE SECTIQ(V Failure fo comply with any of the 13equired Actions constitutes a separate violation and maybe cause for escalated enfoLcemenP. Signing this document acknowledges receipt and does not constitute an admission of guilt. Signature Facility Representative Title Ua[e Corrective action aclmowledged by on City Date COPY: CCC DISTRICT I'~TTORNEY Cily Attorney ull-let:: - ~NtInE: OFFICE YELLOW: VIOi1iTUF. T:1SourceConlrollEn(orcementlN j0 Resolution No. 2007-140 N.C.S. P' { j eP 6 .l ~ : ~ 5 3LtT1: ~:llt LL< '1 P ~ ESy ~ 202 iVicDowell Blvd. Petaluma, CA 94954 t?a¢~:_ (707) 778-4546 V`-3~t~lr t® ~9~~ TIE ~ I~~~ I[o Nlai[ PP~.ENiET~i~ ? FIAND DE VERED ? CEf'7 m~......~.,:..~,...;.m;m- ~~~~,~"^it~~R~[.. [i~1`"d'S~°f11~~'n")`f~'lE'~ ~~k~`~)~hh F ._~1 v _ SITE ADDRESS ACIUTY NAME ONTACT NAME _ r _ ~ ._-.......-r T J._ - - - - F/IOLATION ®ATE :ODE SECTION ®ESCRIPTION OF \IIOL.4TION ~et~ils of ViolaBion: '(.v , ~e'~E3 ~ a`~4; ~ ~l" to d")~~~'7 ~ _ mediately abate the violations Each~day ofi violation will be considered a new and separate offense f~ ? 1. Conduct [grab composite grab composite) sampling of the process discharge. Analyze for: (certified lab only). Submit original analysis report and chain of cus(odV. ? 2. Submit the following document(s): - ? 3. Submit a written response including the following information: ? a. How/when the incident occurred ? b. How you intend to correct the problem ? c. How you will prevent future occurrences ? d. Proposed schedule/anticipated completion date tor: ? 4. O[her. D¢t~il~: - 9~~~~®n~ its writing n® 9ate~ than - i FaBlur¢ 6m a®eitpfp/ tnrit@a aN~ o~ ilea P~equir~d ~9ctions consti4retes a s¢~arate violation and may be cause for escalated ¢sedorce®uaeaet. ~ioJa~6~sa~ 89ai$ elocaement ac@re~®w9eda~e5 receipt and does esoY coetstitttte an admission of [wilt. %irgnatue~ It f-ocility ifeorr~aanBn6ivo 17f1n Date COPY: CCC DISTRICT ATTORNEY CCC ENVIR'L t-IE•"~Ll?-' '.~.li~%~~ttvirrr;yl Ut1011 N4~~+~~-140 N.C.S._ Page ) v.-. ~nn~ nrno Iln i. ;?(IiITFn ,~4C{,~ i±`oa :E ter.Freec.-1~-~u¢ee~Pr .d 4 : ' F: i } E ~ F l t Q;d. c. 1 fr 202 i~. R~IcDovvell Blvd. Petaluma, CA 94954 (707} 778-4546 EL~~~ ~~g6Q~-~6R W~t~~®~] d HAf~D DELIVERED ~ MAILED CERTIFIED RETURN RECEIPT REQUESTED DATE ~i]~lDfTt~~~aL 6t~FQ€~fi~~aT@C~6~?l~d; T E€~GII E~EOn~IREf~ Q~ Re: hlotice of Violation (f~OV) No. ~ Other Required Action(s) Issued on (Date) To: EV~r.fl}~rs./ll~s. Phone: CF 1. This office has not received the required response to our NO`S. Please Submit by or immediate endorcement action will be taken against you. ~ 2- You did not provide the following information as requested on the NOV. In order to clear this violation, please submit by ~ Lab analysis (certrfied lab) ? Plot mapldiagram of facility ~ Corrective action conpietien date ~ Certain records ~ How/when incident occurred ~ Reason for not reporting inridenf ~ How you intend to correct problem C~ Other ~ List of materials/substa¢}ces ? How you wiil prevent future occurrences ~ 3. Yocar response outlining propesed corrective action(s) is inadequate, Please contact this agency to discuss the matter by no later titian _ _ During a follow-up inspection on District personnel found your corrective action(s) to be inadequate (specrfy): Please make the following changes/moditicationstmprovements by in order to clearthis violation; ~ 5. Subsequent to issuing you f~OV number ,other violztions of this code have come to our attention, ie; .Please inciude in your response how you intend to correct them. ~ 6. A meeting at CCCSD has been set f or at P~~ to discuss (specify): I~ .Failure to attend may result in escalated enforcement action. { Q 7. lie have not received the following required information/reports from you (specify):. .Please submit by {date): ~ 8. Resample for pollutant limit Local ~ Categorical) violation: Submit by COTE: FAILURE 10 COt~+PLY t~l I N ANY OF THE ABOVE REC!UIRED ACTIONS yt1iLL RESULT 1N ESCALATED ENFORCEfJiEt~T ACTION. District Representative, Comp(ianceand Enforcement Unit , : _ , .Date . . _ . ; Source Control Secfion _ Distribution: lrtihite:Office Yellow:Violoio~ Resoluli(iri;?~I~~~Ot~ggi9~d.C.S. pa~z 13 2~s2-~i 2a2 fit. [V{cDowell Blvd. Petalurrfa, CA 54854 Dl~~®~~~~~ ~ DOCKET/CASE NO.~_ (707) 7f8-4546 JUDGEf~iENT:YES_NO_ GUIL~l'_NOTGUILTY PENALTY FINE AWIOUNT______~_ OTHER COND. JAIL: YES_ NO_ AfUT_ - DATE FILED PROBATION: YE5_ NO ~ PRETREATfJ~ENT ? SPILL ? IMPROPER CONTAINNIEf~TlSTORkGE ? OTHER ACTION: FkCILITY: AGEfVT ADDRESS: ADDRESS: AGEfVT PHONE NO.: Tl'PE OF BUSINESS: PHOfVE IV O. (SITE): (CORD}: OPERATED BY: CORP. ADDRESS: POSITOfV: CORP. IVllft~BER: STATE PROPERTY OI~fVER: CORP. AGEfVT ADDRESS: E ~ e. ~ t l i) €~tAfEfE; D.O.B.: D.L. NO.: STATE: RESIDENCE kDDRESS: HAIR: EYES:_HT.: INT.: RACE: SEX: M F S.S. fVO.: fUSlf~iESS kDDRESS: BUS. PH.: 2) f~Af~E: D.O.B.: D.L. NO.: STATE: RESIDENCE ADDRESS: fiAIR: EYES:_HT.: VJT.: RACE: SEX: M F S.S. ND.: EUSINES5 ADDRESS: _ BUS. PH.: G ~ i F. t ~ ~ . t i) DATE: i. CODE: DESCRIPTION: _ Tf ICE: LQCATIOfV: 2. CODE: DESCRIPTION: _ €~OTiCE DF VIOLATION(S) ISSUED: Y ? N ~ 2) DATE: i. CODE: _ DESCRIPTfOfJ: TI f~f E: - LOCATION: 2. CODE: DESCRIPTION: l~OTICE OF VIOLATION(S) ISSUED: Y ~ N ~ ~E'' ~ PHOTOGRAPH(S): Y ~ N ® OUANTfTY: FILfi~ TYPE PRIf~iS~ SLIDES ® PHOTOGRAPHER: LAB Af@ALYSIS: Y ? N ? LAB RESULTS: REC©RDS: Y ~ N ? IDENTIFY: DIAGRAM: Y 9 N (PAGE 2) OTHER: SPECIFY: ~ ~ i i) t>FAf~E: AGE : OTHER: ADDRESS: RES. PHONE: BUSINESS PHONE: 2) fVAME: ACE: OTHER: ADDRESS: RES. PHONE: BUSINESS PHONE: D' ~ 6 { F~lAKE: COLOR: YEAR: TYPE: LICENSE NO.: STATE: REGISTERED OWNER: DRIVER: ADDRESS: ADDRESS: TELEPHONE:(HOME) (WORE{) TELEPHONE:(HOME) (WORD c ° r s INVES IIGATOR: TITLE: IDENT. NO.: AGEfdCY: DEPARTMENT: PHONE NO.: ADDRESS: COPIES 10; ~ Rl~JOCB ? CCEHS ? D.O.H.S. ~ CCCSD LEGAL ~ D.A. ®OTHER: INVESTIGATOR SIGNATURE~ 2007-L4~~~ BATE: PAGE: page l~ RPCnlntinn N^ REVISED ~~znn.~x» Tgg6 , a u 202 N. McDowell Blvd. Petaluma, CA 94954 (707) 778-4546 ~ I E. i 2 3 4 5 ~ 6 7 8 i 9 I i0 ii i2 i3 14 i5 iG 17 i6 • i9 20 2j 22 23 24 25 26 27 28 2~ 30 3i 32 33 34 35 3G 37 38 39 . 4d 4i 42 43 44 45 INVESTIGATOR: TITLE: DATE: REVIEWED BY: TITLE: _ DATE: SIG~~ATURE OF REVIEWER: RECOMMENDED ACTION: INVESTIGATOR SIGf~IATlJRE: R~FORT~DATE: PAGE : OF REVISED Resolution No. 2007-140 N.C.S. Page 16 2730C•2/91 ~ ~t td ~r.~ ccur cc. o. _ . 7~r 202 E~. (V@c®owell Blvd. Petaluma, Ca 94054 ~ (707) 775-4546 I ~ ,G ~ a f ~ ,pf F ,ff. f j ,g • 1 G e I i I 1 IfVVESTIGATOR SIGNANR~: REPQR I DA I E: PAGE' OF eso uion o. 07-}40 N.C.S. Page 17 27308.2N RE\~ I SE 0 Tici~i~~ I~o~i~~~~tian dorm ~~xhi~ i~ 4) Resolution No. 2007-140 N.C.S. Page 18 DATA BY [ ] NOTICE OF VIOLATIOY~ Required Action NOV NO. F/U No. Issued to Response Due Phone No. Contact Nature of Response Extensions. (1) (2) (3) Work Completion Date: (1) (2) (3) [ ] eS~R due from ___________________Bg~e_____®________-_ [ ] E~I~dG Subject Location Date Time [ l I~FSPECTIOf~ of Date Time [ ] T'R~I1dII~G for Date Time [ ] ~AS~ DUE Date [ ] ~SPOAISE DUE from Re Date [ ] ~ (Specify) Date Time kesolution No. 2007-140 N.C:S. ~ Page 19 ~Jser Enfarc~~nent/~a~nn~un~catlans I~ag ~~X~.1I~ It ~ Resolution No. 2007-140 N.C.S. Page 20 ~~8~ 7g5E x - 'SER DDRESS PFIONE DATE TIME REMARKS/COMMUNICATIONS ENTRY MADE BY Resolution No. 2007-140f~G1~S. OF Page 21 2733-2191 `7~.wlA P~ /Sy =te~~:a~~~4cwr~t~a~b`f''~.Ry ~'.~3,z ~ ' 202 N. McDowell Blvd. Peta{uma, C/~ 94954 ~~IIIC'~ Ii`6~®C~Yl~tl®11 F®C(~ (707) 778-4546 Facility Name: Date: Address: Contact Phone tt: District and federal regulations prohibit the introduction of pollutants into the sanitary sewer system that may have a detrimental impact on public health, the anvironrneni, cr City Pacilities. In order to properly evaluate the operations, processes, and/or discharges at your facility, the City requires that IPte ioilovving information be submited (City Sewer Use Ordinance Chapter 15.52): [ ] Complete and return [he attached Baseline Monitoring Report (BNIR). Provide MSDS sheets for: [ ] Provide receipts/manifests for. Provide proauct information for: [ ] Provide uva[er use data for. [ ] Provide information regarding [he numberol gallons or pounds of waste generated per month for: [ ] Provide information regarding chemical usage, including types and amounts used per month for: [ ] Other: The above listed information shall be submitted to: City of Petaluma A[fn: 202 N. McDowell Blvd. Petaluma, CA 54954 Phone (707) 778-454ti This information shall be received by the District nc later it~a~~ _ Submittal of the above listed information is required to appropriately classify your facility and to accurately evaluate your facility's compliance with Title 10 of the District Code and/or Federal Pretreatment Standards. Failuie to provide the informatiori required by the referenced due date will constitute a violation of District Code. Section 10.12.030. Enforcement actions available to the DistrSc[ include [he assessment of penalties, ouspensiac ar termination of sewer service, and/or civil or criminal action. Attachments provided b;~ City: Required by hc;novvfeUjcU vy_ Inspector Facility Conracr wnlre: cccso ~'utlosu: RtS~9lution No. 2007-140 N.C.S. age z~ar-s/o, ~~~~arccmen~ Actia~z l~adc~ (Ex~libit Resolution No. 2007-140 N.C.S. Page 23 City of Petaluma ` FRETIREAT~iE~lT ~NFOiiiCEINE~T ACTiO~ MA®~l (Ministerial Actions) DISCOVERY OF VIOLATION ALL OTHER LtfvtfT VIOLATIONS VIOLATIONS I ~ 15~~ PATTERN OF I t{tars ISSUE N.O.V. D~nt~ NONCOMPLIANCE PATTERN OF pp~-IpkgL ISSUE N.O.V. ~ ~ OR AGGRAVATED NONCOMPLIANCE AND ASSESS ~ g VIOLATION OR AGGRAVATED NONCOMPLIANCE VIOLATION FEES ~ ~ RESPONSE t RECEIVED AND i ACCEPTABLE t RESAMPLE AND t I{ SUBMIT • ANALYSES t Q4Y5 7 DAYS ISSUE COMPLIANCE WARNING NOTICE 7 DAYS RESPONSE RECEIVED AND ~ EitSED OW St7iE~1LE ACCEPTABLE COMPLIANCE 14 HAYS t h ~ ~ ~ 7 DAYS ISSUE WARNING NOTICE 7 DAYS DISTRICT SAMPLE DPnoNAL AND EVALUATION COMPLIANCE C PROGRAM 4{ ~4Y5 INSPECT i DPnoNU. FACILfTY COMPL{ANCE COMPLIANCE ~ ~ IMMEDIATfIY oPilot{4L ISSUE WARNING NOTICE 7 6AY5 REINSPECT FACILITY NO FURTHER ACTION COMPLIANCE REQUIRED FORMAL ENFORCEMENT OPTIONS (SEE ATTACHED EXHIBff 6B) ALL TIME PERIODS REFLECT~ABOVE INDICATE MAXIMUMTIME PERIODS EXHIBIT Resolution No. 2007-140 N.C.S. age City of Petaluma ~RETiiEAT~E~T Ei,Ii=QRCEi~EidT RGTiOii h~~~EE (Formal Actions) FORMAL ENFORCEh+~ENT OPTIONS ADMINISTRATIVE CRIf~[INAL CIVIL ACTIONS ACTIONS ACTIONS INDEPENDENT REFER TO REFER TO ACTION BY C.C.G. DISTRICT C.C.C.S.D. BOARD DISTRICT STAFF ATTORNEY OF DIRECTORS ADMINISTRATIVE CRIMINAL TEMPORARY ORDERS/FiNES PROSECUTION RESTRAINING ORDER and/or and/or or I NONGOMPUANCE INJUNCTIVE FEE~IADMlNISTRATIVE CIVIL SUIT RELIEF PENALTIES 'and/or and/or SHOW CAUSE CIVIL SUIT HEARING and/or REVOKE PERMfT and/or DISCONNECTION OF SERVICES APPEAL E~HlBIT 6B Resolution No. 2007-140 N.C.S. age Enforce~ner~~ Response wide (f xl~ibit 7} _ Resolution No. 2007-140 N.C.S. Page 26 ENF~~~~I~El~`~' ~ESP~N~E ~~T~DE ~~foreeme~t Res~o~~ses fQ~-1l~iniste~-ial and ~armai Acti~~s 1. l~'IIl~'ISTERIAL ACTIf)I~'S: All violations reflected as ministerial in main text of ERG will follow the enforcement responses as indicated by the EAM (Exhibit 6A). Industrial Waste persomlel (usually the IWI) ujill execute ministerial actions. 2. FORI4~IAL ElITFOI2CE1~'1ENT QPTIOI~TS: Fornlal Enforcement Actions available to tl~e City (administrative, crimizlal, aid/or cavil) as indicated by EAM (Exhibit 6B) will be selected by the director or his/her designated representative on a case-by-case basis. Industrial Waste persomlel, at the direction of Director or his/her designated representative, will undertake investigations and prepare case reports as necessary to support formal enforcement actions. Description oi'EAIY~ `Time Requirements 1. All violations will be identified and documented within 14 days of recei~Jing compliance information. 2. Initial enforcernenf responses [involving contact with the user a1~cl requesting information . on corrective or preventive actions(s)] will occur within 14 working days of violation detection. 3. Response due dates for NOV will generally be 14 days or less. 4. Required corrective actions will normally not be more than 30 days. 5. If necessary, follow-up verification and inspection will occur upon completion of corrective action. 6. Local or categorical limit violations (after second determination for compliance) will- require implementation of a Sample and Evaluation Program (SEP) by City. 7. All violations meeting the criteria for significant noncompliance will be addressed with an enforceable order within 30 days of the identification of significant noncompliance and/or referral to District Attorney for prosecution. ]Emergency Actions Violations that threaten health, property, or environmental quality are considered emergencies and will receive immediate responses, such as halting the discharge or terminating service. Resolution No. 2007-140 N.C.S. Page 27 CITY P~+ 'TALUI~'><A 1~T~'~}~2CE1~NT SP~~S~+ GCE ~~r~sT>v~uA1. NONCOI4'IPLIAl`dCE SEVERITY OF VIOLATION FoRMA7. (F) ACTION UNAUTHORIZED DISCHARGES (l~To Permit) 1. Non-permitted discharge (a) User unaware of requirement; no M apparent harm to POTW/ environment (b) User aware of requirement; no MIF apparent harnl to POTW/ environment (c} User unaware of requirement; harm to F POTW/ envlronnlent (d) User aware of requirement; harm to F POTW/ environment (e) Failure to comply continues after M/F notice by the POTW 2. Non-pernitted discharge (failure (a) User has not submitted application M to renew) withizl 10 days of due date DISCIARGE LIIVIIT VIOLATION 1. Exceedance of local or federal (a) Isolated, not significant M standard (permit Iimit} (b) Isolated, significant (no apparent M harm) (c) Isolated, harm to POTW/environment F (d} Recurring, no apparent harmto M/F POTW/environment (e} Recurring; significant (harm) F MONITORING AND REPORTING VIOLATIONS 1. Reporting violation (a) Report is improperly signed or M certified (b) Report is improperly signed or M~ certified after notice by POTW (c) Isolated, not significant (e.g. 5 days M Late) (d) Significant (e.g. report no in by date M/F required an 1St WIC ~ Resolution No. 2007-140 N.C.S. Page 28 MINIST~RI.AL (1~~) I~oItTCOI~IJIa~TeE s1JV~~IT ~ o~ vIOIJATial~ ~oI~AT~ c~ AC'T'ION ~~IOI.ATIE:INS DE'TETED I)UI2II~G SITE VISITS 1. Entry denial (a) Entry denied or consent withdrawn. F Copes of records denied. (EWF to obtain Administration Inspection Warrant.) 2. Illegal Discharge (a) No apparent Kann to POTW or M/F environment (b} Discharge causes hams or evidence of F intent/negligence (c) Recurring, violation of AO F 3. Improper sampling (a) Unintentional sampling at incorrect M location (b) Unintentionally using incorrect type M of sample (c) Any of the above with intent F 4. Inadequate record keeping (a) Inspector finds files incomplete to M missing (no evidence of intent) (b) Recurring M/F (c) Recumng with intent F 5. Failure to report additional (a) Inspection reveals additional files M/F moiutoring (b) Recurring M1F Resolution No. 2007-140 N.C.S. Page 29 NIITt'ZST~I2 T A T , (IYI} NOl`d~CO1~~IPLIANC~ SEVIJRITY OF VIOLAT1ON ~OIU~~AI, ACTION (e) Reports are always late or not reports M/F at all (f} Failure to report spill or changed M/F discharge (no apparent harm} (g) Failure to report spill or changed F discharge (harm) (h) Repeated failure to report spills F (i} Falsification F 2. Failure to monitor con-ectly (a} Failure fo monitor all pollutants as M required by permit (b) Recurring failure to monitor M/F 3. huproper sampling (a) Evidence of intent F 4. Failure to install required (a) Previous NOV issued MfF monitoring equipment (b) Recurring, violation of AO F 5. Compliance Schedules (in (a) Missed milestone by less than 3U M permit) days, or will not affect final milestone (b) Missed mlestone by more than 30 M/F days, or will affect final milestone (no good cause for delay) (c) Violation of schedule in AO F OTHER VIOLATIONS 1. Wastestreams are diluted in lieu (a) Initial violation MIF of treatment (b} Recurring F 2. Failure to mitigate (a) No apparent harm M/F noncompliance (h) Results in harm F 3. Failure to halt (a) Harm or otherwise F 4. Failure to properly operate and (a) No apparent harm M/F maintain pretreatment facility . (b) Results in harm F Resolution No. 2007-140 N.C.S. Page 30