HomeMy WebLinkAboutAgenda Report - March 4, 2020 C-10AGENDA ITEMC.1c)
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CITY OF LODI
W -A r
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving Revised Pretreatment Program Enforcement Plan and
Local Limits for Industrial Dischargers Using City Wastewater System
MEETING DATE: March 4, 2020
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution approving revised Pretreatment Program
Enforcement Plan and local limits for industrial dischargers using
City wastewater system.
BACKGROUND INFORMATION: White Slough Water Pollution Control Facility (WSWPCF) previously
operated under National Pollutant Discharge Eliminations System
(NPDES) permit (R5-2013-0125 NPDES No. CA0079243)
issued by the California Regional Water Quality Control Board (RWQCB).
WSWPCF currently operates under NPDES permit R5-2017-0085-03. In conformance with the NPDES
discharge permits, the City is required to maintain and administer an approved Pretreatment Program to
protect WSWPCF infrastructure and reduce conventional and toxic pollutant levels discharged by
industries and other non-domestic wastewater sources into the municipal sewer system and into the
environment.
The objectives of the program are to prevent the introduction of pollutants into WSWPCF that will
interfere with its operation, prevent the introduction of pollutants that will pass through WSWPCF or
otherwise be incompatible, and improve opportunities to recycle and reclaim treated municipal and
industrial wastewater, and biosolids. The enforcement plan and local limits established for industrial
dischargers using the City wastewater system are important components of the pretreatment program.
On March 28, 2013, the RWQCB performed a pretreatment compliance inspection of WSWPCF. The
results of the inspection recommended modifications to the existing pretreatment program, development
of an updated enforcement response plan, and establishing new technically -based effluent limits.
Following the RWQCB inspection, the City hired Larry Walker Associates to complete a review of the
local limits and to recommend any changes to ensure compliance with permit requirements. The review
recommended regulating two constituents (selenium, molybdenum) and lowering the limits for the other
constituents currently regulated for discharge to the wastewater system. Staff reviewed the proposed
changes and verified the recommended changes will not negatively impact existing industrial
dischargers.
The recommended changes by RWQCB were incorporated into the existing Enforcement Response Plan
for clarification of enforcement protocols and do not change enforcement policies and procedures.
WSWPCF staff concur the recommended changes are appropriate. Staff recommends adopting the
proposed local limits.
FISCAL IMPACT: Not Applicable.
APPROVED:
9teWen Schw uer, City Manager
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Adopt Resolution Approving Revised Pretreatment Program Enforcement Plan and Local Limits for Industrial Dischargers Using City Wastewater System
March 4, 2020
Page 2
FUNDING AVAILABLE: Not Applicable.
�pR
Charles Jr.
Public Works Director
Prepared by Lance Roberts, Utilities Manager
CES/LR/tw
Attachment
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Pretreatment Program Enforcement Response Plan
Table of Contents
Enforcement Response Plan Revisions....................................................................................ii
Termsand Abbreviations.............................................................................................................ii
Introduction....................................................................................................................................
4
Purpose......................................................................................................................................
4
Enforcement Legal Authority..................................................................................................
4
Procedures for Identifying Instances of Noncompliance........................................................
6
Non -Residential User Inventory.............................................................................................
6
Review of User Self -Monitoring Reports..............................................................................
6
Inspectionand Sampling.........................................................................................................
6
ERPActivation..........................................................................................................................
7
Evaluating the Degree of Noncompliance................................................................................
8
EnforcementTools.......................................................................................................................
9
Typical Enforcement Actions..................................................................................................
9
VerbalWarning.....................................................................................................................
9
Noticeof Violation................................................................................................................
9
SignificantNoncompliance...............................................................................................
10
Increased Monitoring and Inspections............................................................................
11
Escalated Enforcement Actions...........................................................................................
11
ComplianceOrders............................................................................................................
11
Ceaseand Desist Orders..................................................................................................
12
AdministrativeFines...........................................................................................................
12
Emergency Suspensions..................................................................................................
12
Termination of Discharge or Revocation of Wastewater Discharge Permit ..............
12
InjunctiveRelief..................................................................................................................
12
CivilPenalties.....................................................................................................................
13
CriminalProsecution..........................................................................................................
13
ShowCause Hearing.............................................................................................................
13
Enforcement Response Guide.................................................................................................
13
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Pretreatment Program Enforcement Response Plan
Enforcement Response Plan Revisions
FINision
o.
Date
NOC
Reason for Revision
Sections
Revised
Notice of Violation
NPDES
National Pollutant Discharge Elimination System
PreparationInitial
Publicly -Owned Treatment Works
USEPA
United States Environmental Protection Agency
Terms and Abbreviations
BMPs Best Management Practices
C&DO Cease and Desist Orders
CFR Code of Federal Regulations
CGP Construction General Permit
CVRWQCB Central Valley Regional Water Quality Control Board
CWA Clean Water Act
EPA Environmental Protection Agency
ERG Enforcement Response Guide
ERP
Enforcement Response Plan
NOC
Notice of Correction
NOV
Notice of Violation
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly -Owned Treatment Works
USEPA
United States Environmental Protection Agency
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Pretreatment Program Enforcement Response Plan
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Pretreatment Program Enforcement Response Plan
Introduction
The Enforcement Response Plan (ERP) outlines the procedures followed by Pretreatment
Program staff and management to identify, document, and respond to pretreatment violations.
Incorporated into the ERP are specific criteria by which Pretreatment Program staff can
determine the enforcement action most appropriate to the nature of the violation. In addition,
this ERP describes the duties of the Pretreatment Program staff, methods used to determine
compliance with applicable regulations, and procedures to review compliance data. This ERP
also includes the Enforcement Response Guide (ERG), which is a table referencing the degree of
noncompliance with the range of enforcement responses that can be taken.
This ERP has been prepared by following USEPA's Guidance for Developing Control Authority
Enforcement Response Plans (ERP Guidance). The ERP is organized into the following sections:
• ERP activation;
• File review and enforcement analysis;
• Enforcement procedures;
• Enforcement duties; and
• Enforcement Response Guide.
Purpose
This ERP was adopted pursuant to the Federal Water Pollution Control Act as amended by the
Clean Water Act of 1977, and subsequently amended. The Code of Federal Regulations (CFR),
Title 40 Protection of The Environment, codifies general and permanent rules published in the
Federal Register by the Executive departments and agencies of the Federal Government.
These laws and rules, specifically 40 CFR Part 403, General Pretreatment Regulations for
Existing and New Sources of Pollution were designed to establish responsibilities of industry
and government to protect water quality by implementing National Pretreatment Standards. 40
CFR Part 403.8(f)(5) requires that Publicly -Owned Treatment Works (POTW) develop and
implement an ERP to investigate and respond to instances of industrial user noncompliance.
This ERP details the enforcement procedures and lists key steps necessary to assure that
wastewater discharges maintain compliance with all local, state and federal limitations.
Enforcement Legal Authority
The City of Lodi (City) is required under federal law to have a Pretreatment Program. The City of
Lodi Municipal Code, Chapter 13.12 (Sewer System) provides the standards and the legal
authority for enforcement of the pretreatment program as well as the detailed procedures for
implementing 40 CFR 403.8(f)(1) and 403.8(f)(2), which create Pretreatment Standards. Chapter
13.12 also includes detailed administrative enforcement procedures and civil and criminal
penalties for violations.
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Pretreatment Program Enforcement Response Plan
Under this ERP, the Public Works Director is responsible for full implementation of inspection
and documentation activities leading to the activation of penalties for noncompliance. The
primary responsibilities of Public Works Director, however, are to monitor, coordinate and
maintain the processes necessary for regulated entities to comply fully with the City's
wastewater ordinances.
This ERP includes a wide range of enforcement options available based on an assessment of the
nature and severity of the violation. Along with departmental enforcement officials, the City
Attorney will enforce applicable City of Lodi Municipal Code requirements, including court
action if required. Specific enforcement tools and their anticipated uses are detailed in the
Enforcement Procedures section of this ERP. The specific legal authority for specific aspects of
the Pretreatment Program is included within Chapter 13.12 of the City of Lodi Municipal Code.
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Pretreatment Program Enforcement Response Plan
Procedures for Identifying Instances of Noncompliance
There are several activities associated with the identification and investigation of
noncompliance, including maintenance of the non-residential user inventory, reviewing user
submittals, and inspection and sampling activities by Pretreatment Program staff. A brief
description of these activities is provided below.
Non -Residential User Inventory
An essential step for identifying noncompliance is to accurately account for who is discharging
non-residential waste to the City sewerage system, where they are located, and the nature and
volume of the waste being discharged. The Compliance Engineer is responsible for maintaining
and updating a list of these users, along with the parameters described
Review of User Self -Monitoring Reports
Compliance monitoring involves the review of compliance data obtained from self-monitoring
reports submitted to the City by users, and information obtained by the City from: 1) routine
City inspections of permitted users; 2) referral follow-up inspections; 3) routine sewerage
system sampling; and 4) direct sampling of sewer connections.
Compliance data from self-monitoring reporting, routine inspections, or sampling events are
reviewed. Prompt review of compliance data is important if no prior notification by the user
was made, and a problem is noted that requires immediate City response. Situations that may
require immediate response include discharges that may be toxic to the sewerage system or
affect hydraulic capacities or the integrity of sewer lines. Pretreatment Program staff is trained
to review compliance data for both discharge and non -discharge violations, and to provide
notification to the Public Works Director.
When the initial screening suggests noncompliance, the Public Works Director performs further
data evaluation. If noncompliance is verified, then enforcement actions are initiated as
appropriate.
Inspection and Sampling
Inspection and verification sampling are another method by which the City obtains compliance
data other than that which is obtained directly from the users. Verification sampling that is
performed by the City may seem redundant since self-monitoring is a user requirement, but in
fact verification monitoring is a federal pretreatment program requirement. The authority to
perform verification monitoring exists under the Article VI of Chapter 13.12 of the City of Lodi
Municipal Code. Inspection and verification sampling may be a result of:
• Random sampling and inspection on a routine basis;
• Annual sampling and inspection of each SIU per federal regulations;
• Response to known or suspected compliance problems;
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Pretreatment Program Enforcement Response Plan
• Investigation of slug loads; or
• Verification of corrective actions required of the user by the City.
The City monitors wastewater from each SIU at least once per year. The City requires all
sampling and analysis to be performed in accordance with 40 CFR Part 136. Quality
assurance/quality control procedures are followed to maximize sample integrity. At least once
per year, the City conducts a comprehensive inspection of each SIU. The City follows inspection
procedures to ensure consistent, thorough, and well-documented inspections.
Other industrial users are inspected to verify monitoring and recordkeeping requirements on a
routine basis commensurate with the perceived risk posed to the sewerage system or POTW by
its discharge. Samples may or may not be collected during the inspection of these users.
Information gathered during monitoring and inspections of users by the City is used to verify
compliance status and to determine if an enforcement response must be initiated or continued
ERP Activation
An enforcement response will be initiated when any of the following events occurs:
• Any violation of the requirements of Chapter 13.12 (Sewer System) of the City of Lodi
Municipal Code;
• Any violation of wastewater discharge permit requirements issued by the City;
• Failure of a user to meet a compliance schedule/deadline;
• Failure of a user to report a violation of its wastewater discharge permit;
• Failures of a user to keep required records and conduct self-monitoring and/or
reporting activities; or
• Violation of any federal, state, or local requirements pertaining to wastewater discharge
that the City has the duty to enforce.
Additionally, Chapter 13.12 of the City of Lodi Municipal Code sets the legal authority for the
City to assess administrative fines when any user has violated or continues to violate any
provision of the Municipal Code, wastewater discharge permit or order issued hereunder, or
any other Pretreatment Standard or Requirement. Offense(s) deemed a violation of a
wastewater discharge permit or Chapter 13.12 of the City of Lodi Municipal Code shall include
without limitation:
• Denied right -of -entry or access to applicable records or conduct inspections or sampling
(Article VI);
• Discharge of prohibited wastes (Article II);
• Discharge of drainage water or groundwater, except as approved by the Public Works
Director (Section 13.12.235);
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Pretreatment Program Enforcement Response Plan
• Unreported/unauthorized bypass of pretreatment (Article IX);
• Failure to install and maintain a sample port and/or a control manhole (Article VI);
• Violation of categorical Pretreatment Standards/Local Limits (Article II);
• Discharging to the sewerage system without first securing a wastewater discharge
permit (Section 13.12.405);
• Failure to submit required reports or notifications (Article V);
• Falsifying information (Article V); or
• Failure to install or maintain a grease removal device (Section 13.12.305).
Evaluating the Degree of Noncompliance
When considering the type of enforcement action to be taken, the ERG summarizes the range
of enforcement actions that may be taken for a violation. Chapter 4.1 of the ERP Guidance
discusses six criteria that the City should consider when determining a proper enforcement
response. Enforcement action may be escalated when considering the six criteria for evaluating
the degree of noncompliance.
When an enforcement action is increased over the minimum, written documentation will detail
the reasons for the increased enforcement action. The six criteria for evaluating the degree of
noncompliance are:
1. Magnitude of the Violation. Generally, an isolated instance of noncompliance can be
met with an enforcement response listed in the ERG. However, since even an isolated
violation could threaten public health and the environment, damage public and private
property, or threaten the integrity of the Pretreatment Program, the enforcement
response to this type of violation must be escalated to: 1) mitigate the violation quickly;
2) prevent a reoccurrence of the violation(s); 3) provide an appropriate level of
response; and 4) provide for cost recovery as appropriate.
2. Duration of the Violation. Violations (regardless of severity) which continue over
prolonged periods of time should subject the user to escalated enforcement actions.
The City response to these situations must prevent extended periods of noncompliance
from occurring.
3. Effect of the Violation on the Receiving Water. One of the primary objectives of the
Pretreatment Program is to prevent pollutants from "passing through" the POTW and
entering the receiving waters. Consequently, any violation which results in
environmental harm warrants an escalated enforcement response. Environmental harm
will be presumed whenever a user discharges a pollutant into the sewerage system
which:
a. Passes through the POTW and causes a violation of the City's NPDES permit
effluent limitations.
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b. Has a toxic effect on the receiving waters and causes a violation of the City's
NPDES permit. The response should ensure recovery from the user of any NPDES
permit -related fines and penalties paid by the City. Termination of service may
also be considered for repeat violations.
4. Effect of the Violation on the sewerage system and/or POTW. Some violations may have
negative impacts on the sewerage system and/or POTW operations or personnel. These
violations can result in increased treatment cost, upsets to treatment processes,
interference, or harm City personnel or equipment. The response should ensure
recovery from the user of any costs incurred by the City resulting from the violation,
directly or indirectly.
5. Compliance History of the User. When evaluating the level of enforcement action to be
taken for a violation, the compliance history of the user shall be reviewed. If a pattern of
recurring violations for the same parameter is noted, then an escalated enforcement
action may be warranted.
6. Good Faith of the User. The user's "good faith" effort in correcting its noncompliance is
a factor in determining which enforcement action to take. "Good faith" maybe defined
as the user's honest intention to remedy its noncompliance, coupled with actions which
give support to this intention. However, "good faith" does not eliminate the necessity
of an enforcement action.
Enforcement Tools
Article VIII of Chapter 13.12 of the City of Lodi Municipal Code outlines the types of
enforcement tools available to the Public Works Director that may be taken on users who are
not in compliance with wastewater discharge permit requirements, previous enforcement
actions, and Pretreatment Standards and Requirements. The Public Works Director may take
any, all, or any combination of these enforcement actions against a noncompliant user.
However, the Public Works Director may take other action against any user when the
circumstances warrant. Each of these types of enforcement actions are presented below.
Typical Enforcement Actions
Verbal Warning
A verbal warning is generally issued for an isolated non-significant violation. In this case, the
Public Works Director notifies the user that a violation occurred and directs the user to take
corrective actions. This notification serves as the enforcement action. Written documentation
of a verbal warning (such as a telephone log) will be placed in the City's file. The Public Works
Director may schedule additional inspections and/or sampling, or may elect to implement more
stringent enforcement action.
Notice of Violation
A more stringent enforcement action may be the issuance of an NOV in place of a verbal
warning. The purpose of the NOV is to inform the user of the nature of the violation and
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Pretreatment Program Enforcement Response Plan
establish a "self-imposed" compliance schedule which lists the events and dates on which
various steps of progress shall take place. "Self-imposed" compliance schedules shall be limited
so as to achieve compliance no later than thirty (30) days from date of issuance of the NOV.
The NOV requires the user to send a written response to the City within ten (10) upon receipt
of the NOV. The written response shall include an explanation of the cause of the violation and
a discussion of corrective actions taken to mitigate the violation and actions taken to prevent
future similar violations. The Public Works Director may extend the deadline up to a maximum
of thirty (30) days for a total time period of forty (40) days from the issuance date, due to
extenuating circumstances or hardship.
Also, for effluent limit violations, the user must conduct repeat sampling and analysis and
provide the sample results to the City within thirty (30) days of becoming aware of the
violation.
Significant Noncompliance
An SIU (or any other industrial user that violations subparagraphs (c), (d), or (h) below) is
determined to be in significant noncompliance, which means:
a. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66) percent or more of all measurements taken for the same pollutant
parameter during a six- (6-) month period exceed (by any magnitude) a numeric
Pretreatment Standard or Requirement, including instantaneous limits;
b. Technical Review Criteria (TRC) violations, defined here as those in which thirty-
three (33) percent or more of wastewater measurements taken for each
pollutant parameter during a six- (6-) month period equals or exceeds the
product of the numeric Pretreatment Standard or Requirement, including
instantaneous limits, multiplied by the applicable criteria (1.4 for biochemical
oxygen demand [BOD], total suspended solids [TSS], fats, oils, and grease, and
1.2 for all other pollutants except pH);
c. Any other violation of a Pretreatment Standard or Requirement as defined in
Article II (daily maximum, long-term average, instantaneous limit, or narrative
standard) of Chapter 13.12 of the Municipal Code that the Public Works Director
determines has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of City personnel
or the general public;
d. Any discharge of a pollutant that has caused imminent endangerment to the
public or to the environment, or has resulted in the Public Works Director's
exercise of its emergency authority to halt or prevent such a discharge;
e. Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining final
compliance;
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Pretreatment Program Enforcement Response Plan
f. Failure to provide within forty-five (45) days after the due date, any required
reports, including baseline monitoring reports, reports on compliance with
categorical Pretreatment Standards deadlines, periodic self-monitoring reports,
and reports on compliance with compliance schedules;
g. Failure to accurately report noncompliance; or
h. Any other violation(s), which may include a violation of BMPs, which the Public
Works Director determines will adversely affect the operations or
implementation of the pretreatment program.
The Public Works Director shall publish annually, in a newspaper of general circulation that
provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of the
users which, at any time during the previous twelve (12) months, were in significant
noncompliance with applicable Pretreatment Standards and Requirements.
Increased Monitoring and Inspections
As a result of any discharge violation, increased sampling and inspections are required to verify
that the violation has been corrected. The magnitude of the violation will dictate how many
follow-up samples and inspections will be conducted to verify that the violation has been
corrected. Additional inspections may be conducted until the violation is corrected. Additional
monitoring will continue at the facility until the Public Works Director determines that the user
has sufficiently demonstrated that the discharge is no longer in violation or a threat to violate.
Escalated Enforcement Actions
Almost all cases of noncompliance are corrected by following the routine types of enforcement
actions listed above and in the ERG. In those cases where noncompliance is not corrected, the
next step in the escalation of enforcement action is the issuance of an Administrative Order.
The types of administrative orders that may be taken by the City include: compliance orders,
cease and desist orders, and termination of service or revocation of wastewater discharge
permit.
Compliance Orders
Compliance orders direct a user to achieve or restore compliance within a specified time. A
compliance order is often a stipulated agreement that may include a compliance schedule,
additional self-monitoring and BMPs, the payment of monetary penalties, or cost recovery for
and the imposition of fines when milestones are not met. If the user does not come into
compliance within the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are installed and properly
operated. A compliance order may not extend the deadline for compliance established for a
Pretreatment Standard or Requirement, nor does a compliance order relieve the user of liability
for any violation, including any continuing violation.
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Pretreatment Program Enforcement Response Plan
Cease and Desist Orders
A cease and desist order is an order to the User directing it to cease and desist all such
violations and directing the user to:
1. Immediately comply with all requirements; and
2. Take such appropriate remedial or preventative action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
Administrative Fines
Administrative fines may be issued when regulations from Chapter 13.12 of the City of Lodi
Municipal Code, wastewater discharge permit or order issued hereunder, or any other
Pretreatment Standard or Requirement are violated. Fines are assessed in accordance with
Article VIII of Chapter 13.12 of the City of Lodi Municipal Code.
Emergency Suspensions
In rare instances when a discharge reasonably appears to present an imminent or substantial
endangerment to the health or welfare of persons, it may be necessary to immediately suspend
a user's discharge (after notice and opportunity to respond). In the event of a user's failure to
voluntarily comply with the suspension order, escalating action, such as immediate severance
of the sewer connection (e.g. physical disconnection or plugging), may be initiated. Further,
whenever a user is in severe violation, water service provided by the City may also be severed.
Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
Termination of Discharge or Revocation of Wastewater Discharge Permit
The City may issue an order to a noncompliant user of its intent to revoke the user's
wastewater discharge permit and/or terminate sewer service. The Public Works Director has
the authority to issue these notices and actions against a user.
Injunctive Relief
The City Attorney, upon recommendation from the Public Works Director, may seek injunctive
relief through the Municipal or Superior Court of San Joaquin County to restrain or compel
specific performance of the wastewater discharge permit, order, or other requirement imposed
by Chapter 13.12 of the City of Lodi Municipal Code on activities of the user. The Public Works
Director may also seek such other action as appropriate for legal and/or equitable relief,
including a requirement for the user to conduct environmental remediation.
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Pretreatment Program Enforcement Response Plan
Civil Penalties
The City Attorney may initiate a civil lawsuit against a user in violation of Chapter 13.12 of the
City of Lodi Municipal Code, wastewater discharge permit or order issued hereunder, or any
other Pretreatment Standard or Requirement. Civil penalties may include fines, attorney's fees,
court costs, and other expenses associated with enforcement activities. In determining the
amount of civil penalties, all relevant circumstances including, but not limited to, the extent of
harm caused by the violation, the magnitude and duration of the violation, any economic
benefit gained through the user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
Criminal Prosecution
The City Attorney may initiate criminal prosecution against a user who willfully or negligently
violates Chapter 13.12 of the City of Lodi Municipal Code, wastewater discharge permit or
order issued hereunder, or any other Pretreatment Standard or Requirement. The User may be
subject, upon conviction, to financial penalties and/or imprisonment.
Show Cause Hearing
The Public Works Director may order a user which has violated, or continues to violate, any
provision of Chapter 13.12 of the City of Lodi Municipal Code, wastewater discharge permit or
order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before
the Public Works Director and show cause why the proposed enforcement action should not be
taken. Notice shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and a request that the user show
cause why the proposed enforcement action should not be taken. The notice of the meeting
shall be served personally or by registered or certified mail (return receipt requested) at least
fifteen (15) days prior to the hearing. Such notice may be served on any Authorized
Representative of the user.
Enforcement Response Guide
This tabulated Enforcement Response Guide (ERG) designates several enforcement options for
different violations or noncompliance. The Public Works Director will select, using best
professional judgement, the appropriate response from the guide once a violation has been
detected. Implementation of this ERP must be consistent so that existing and potential users
will not be able to cite inconsistency or arbitrary enforcement as a defense for their own
noncompliance. Note that any of the violations tabulated in the ERG may also be subject to
administrative fines, civil penalties, and/or criminal prosecution.
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ENFORCEMENT RESPONSE PLAN
Chapter 13.12
Reference
Type of Violation
Degree and/or Nature of Violation
Enforcement Response
Section 13.12.205
Discharge of corrosive
Slight
Continuous (log or chart) pH of less than 6.0
Verbal Warning
substance
for less than 60 minutes
Moderate
Instantaneous pH less than 4.0 or continuous
Notice of Violation
(log or chart) pH for less 4.0 for more than 60
minutes
Severe
2 NOVs in a 2 -month period or pH less than 2
SNC
or greater than 12
Article II
Discharge of toxic pollutants
Slight
Less than two (2) times the limit
Verbal Warning
• Violation of local
Moderate
More than two (2) times, but below five (5)
Notice of Violation
limits or federal
times the limit
categorical limits
Severe
More than five (5) times the limit
Notice of Violation
Any exceedance that adversely impacts the
SNC
POTW or the environment
Article V
Late submittal of discharge
Slight
Less than five (5) days late
Document, but no further
reports
action
• Self-monitoring
Moderate
Five (5) to forty-five (45) days late
Verbal Warning
• Baseline monitoring
Severe
More forty-five (45) days late
Notice of Violation (also
• Compliance
document as SNC)
Administrative Order
Section 13.12.265
Use of dilution waters
Moderate
Initial violation, no known harm
Notice of Violation
Severe
Initial violation which resulted in harm to the
SNC
POTW or the environment, or any recurring
violation
Section 13.12.540,
Improper monitoring
Slight
Initial violation
Verbal Warning
Section 13.12.545,
Section 13.12.600
0 Improper sampling
and analysis
Moderate
Recurring violation or failure to correct within
thirty (30) days
Notice of Violation
• Failure to maintain
monitoring facilities
and equipment
Severe
Failure to correct, greater than thirty (30) days
after due date
Administrative Order
City of Lodi 14
ENFORCEMENT RESPONSE PLAN
Chapter 13.12
Reference
Type of Violation
Degree and/or Nature of Violation
Enforcement Response
Section 13.12.525
Failure to notify of permit
Moderate
Initial violation
Verbal Warning
condition(s) violation
Severe
Recurring violation
Notice of Violation
Administrative Order
Section 13.12.505,
Failure to meet compliance
Slight
Less than five (5) days late
Document, but no further
Section 13.12.510,
schedule milestone
action
Section 13.12.515
Moderate
Five (5) to thirty (30) days late
Verbal Warning
Severe
More than thirty (30) days late
Notice of Violation
More than ninety (90) days late
SNC
Section 13.12.220
Failure to comply with Best
Moderate
Initial violation
Verbal Warning
Management Practices
Severe
Recurring violation
Notice of Violation
Administrative Order
Section 13.12.600
Impeding inspection
Moderate
Initial violation
Notice of Violation
procedures
• Deny access to
Severe
Recurring violation
Administrative Order
inspectors
• Withhold copies of
records from
inspectors
Article V
Falsification of information
Moderate
Initial violation
Notice of Violation
• False statements
Severe
Recurring violation
Administrative Order
• Wastewater diverted
Suspension/Termination of
from monitoring or
Discharge
pretreatment
equipment
Article VIII
Failure to respond to NOV
Moderate
More than ten (10) days late
Verbal Warning
Severe
More than thirty (30) days late
Administrative Order
Section 13.12.405,
Discharge without a permit
Moderate
Application not received within thirty (30) days
Notice of Violation
Section 13.12.410
of notification
City of Lodi 15
ENFORCEMENT RESPONSE PLAN
Chapter 13.12
Reference
Type of Violation
Degree and/or Nature of Violation
Enforcement Response
Severe
Application more than thirty (30) days late
Administrative Order
Injunctive Relief
Section 13.12.305
Failure to install or properly
Moderate
Initial violation
Verbal Warning
maintain grease removal
devices, failure to maintain
Severe
Recurring violation
Notice of Violation
pumping or cleaning records
Administrative Order
Article II
Discharge into a storm drain,
Severe
Any violation
Notice of Violation
discharge of viscous or solid
Administrative Order
matter, discharge of hot,
Other actions such as
flammable or explosive
discharge permit
substances
suspension, termination of
discharge, and judicial
enforcement
City of Lodi 16
RESOLUTION NO. 2020-40
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
THE REVISED PRETREATMENT PROGRAM ENFORCEMENT
PLAN AND LOCAL LIMITS FOR INDUSTRIAL DISCHARGERS
USING CITY WASTEWATER SYSTEM
WHEREAS, the White Slough Water Pollution Control Facility operates under National
Pollutant Discharge Eliminations System permit (R5-2017-0085, NPDES No. CA0079243)
issued by the California Regional Water Quality Control Board; and
WHEREAS, the permit requires the City maintain and administer an approved
Pretreatment Program to protect infrastructure and reduce conventional and toxic pollutant
levels discharged by industries and other nondomestic wastewater sources into the municipal
sewer system and into the environment; and
WHEREAS, the City hired Larry Walker Associates' to complete a review of the Local
Limits and recommend any changes to ensure compliance with permit requirements; and
WHEREAS, Larry Walker Associates review recommended the addition of two
constituents (selenium, molybdenum), lowering the limits for the other constituents currently
regulated for discharge to the wastewater system, address clarification of existing enforcement
protocols, and not changing current enforcement policies and procedures; and
WHEREAS, White Slough Water Pollution Control Facility staff reviewed the proposed
changes, verified the changes will not negatively impact existing Industrial Dischargers, and
concur these recommended changes are appropriate.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve
the revised Pretreatment Program Enforcement Plan and local limits for industrial dischargers
using City wastewater system; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above -referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
Dated: March 4, 2020
I hereby certify that Resolution No. 2020-40 was passed and adopted by the City
Council of the City of Lodi in a regular/special joint meeting held on March 4, 2020 by the
following vote:
AYES: COUNCIL MEMBERS — Chandler, Mounce, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
17
PAMELA M. FARRIS
Assistant City Clerk
2020-40