Loading...
4.7. SR 07-07-2014 City of Elk=' Request for Action River To Item Number Mayor and City Council 4.7 Agenda Section Meeting Date Prepared by Consent July 7, 2014 Suzanne Fischer,Director CODD Item Description Reviewed by Revised Fats, Oils, and Grease Enforcement Cal Portner, City Administrator Response Plan Reviewed by Action Requested Approve,by motion,the revised Fats, Oils and Grease Enforcement Response Plan (FOG). Background/Discussion City Council approved the FOG Ordinance and the accompanying Enforcement Response Plan (ERP) at their June 2,2014, meeting. That ERP included tier levels and penalty amounts for program violations. This information should be in the Master Fee Schedule rather than in the ERP. Therefore,the Plan was revised to eliminate tier level penalty amounts and will subsequently be bought to the July 21 Council meeting as an amendment to the 2014 Master Fee Schedule. The attached ERP includes the proposed revisions. Financial Impact None. Attachments ■ Revised FOG Enforcement Response Plan P a w E A E U s r Template Updated 4/14 INIM UREI CITY OF ELK RIVER MAY 2014 POLICY: FATS, OILS,AND GREASE ENFORCEMENT RESPONSE PLAN Section 1- Introduction This Fats, Oils and Grease Enforcement Response Plan plan (FOG ERP.)-has been developed for guidance and is not intended to create legal rights or obligations, or to limit the enforcement discretion of the WWTP Chief Operator or the City of Elk River. This FOG Enforcement Response Plan is an effective way to ensure that the City of Elk River takes fair, consistent and equitable enforcement actions against food service establishments (FSE) or food manufacturer's/processors (FM/P) for violations of the FOG Con"ol Policy and/or the City Sewe Use and Discharge Requirements Ordinance. City's Fats, Oils and Grease Control Ordinance, Section 78-156 of the City Code. It should be noted that, even with an FOG ERP,judgment and flexibility will be needed at times in response to unusual instances of noncompliance. Some violations may require a response that deviates from the ERP depending on the particulars of the situation. The enforcement philosophy of the City of Elk River is progressive,in that problems are addressed at the lowest level and with the least formality possible consistent with the specific violation. However, no enforcement procedure is contingent upon the completion of any"lesser" activity. In general, enforcement actions against FSEs and FM/Ps will be taken in accordance with this Enforcement Response Plan. However,the enforcement actions listed here are not exclusive and the City of Elk River reserves the right to implement other enforcement responses available to it under the City Code Ordinance,Minnesota and Federal laws, separately or in combination with these responses. Section 2 - Enforcement Actions Available Under the Fats, Oils and Grease Control Policy The City of Elk River is empowered by the , the-Environmental Protection Agency's National Pretreatment Program (40 CFR 403) and the City's Fats, Oils and Grease Control Ordinance, ,to take the necessary enforcement actions to ensure compliance. The following is a list of those actions. ENFORCEMENT NOTIFICATION/ACTIONS ACTION DESCRIPTION Notice of Written notice that a violation/deficiency has occurred and should be Deficiency [NOD] corrected. In general,NTCs are used for minor isolated violations or an and/or Notice to initial step leading to an escalated enforcement response. NODs/NTCs Correct [NTC] are documented and kept on file. 1 Enforcement Informal meeting used to gather information concerning noncompliance, Meeting discuss steps to alleviate noncompliance and determine the commitment level of the FSE. Initiation of Self- Notice to a FSE to begin self-monitoring the effluent from the food Monitoring preparation discharge from the facility. Employee Used when the FOG coordinator feels that a violation has been caused by Training a food service establishment employee(s) lack of knowledge concerning Requirement FOG olic /SUO requirements A NOV is a written notice to the noncompliance FSE that a violation has occurred.A NOV includes a statement detailing the legal authority under which the city issued the NOV, a description of the violation(s) and the Notice of Violation date(s) the violation(s) occurred.A NOV may require a response from the [NOV] FSE that details the cause of the violation(s) and the corrective action taken to correct the violation and prevent similar violations from occurring. NOVs are considered to be a more serious enforcement than a NOD/NTC. Administrative penalty issued to a food service establishment who fails to comply with any provision of the City's Fats, Oils and Grease Control Civil Penalties Ordinance, Section 78-156 of the City Code. applicable pro-,�:ision of the ST:40. The City of Elk River Sewer Use and Pretr a"ent Ordinance authorizes penalties of tip to ten thousand dollars ($10,000.00) per day per . A voluntary agreement with a non-compliant FSE that includes specific acts to be taken by the discharger to correct the noncompliance within a Consent Orders time period also specified in the order. COs may incorporate schedules of [CO] compliance (SOC), administrative penalties and/or termination of service. Such documents shall have the same force and effect as administrative MEENEV orders and shall be judicially enforceable. Administrative Orders [AOs] are enforcement documents that direct FSEs Administrative to undertake and/ or cease specified activities by specified deadlines. The Orders [AO] terms of an AO may or may not be negotiated with FSEs. AOs may incorporate compliance schedules, administrative penalties and/or termination of service. Payment of Notice to pay to the City of Elk River costs associated with the clean-up or Remediation, decontamination of a site after the discharge of substances into the sanitary Clean-Up Costs sewer, storm sewer, surface waters and/or to the environment that cause and/or Cost interference,pass-through or sanitary sewer blockage. This includes clean Recovery up and decontamination of all structures/areas including residential, commercial, surface waters and the environment. H:WWTP\FOG Enfc Plan Termination of Service [TOS] is the revocation of a FSEs privilege to discharge wastewater from food preparation processes into the sanitary sewer system. TOS is used when the discharge from a FSE presents imminent endangerment to the health or welfare of persons, or the Termination of environment or threatens to interfere with the operation of the POTW Sewer Service collection system. TOS is also used as an escalating enforcement action [TOS] when a noncompliant FSE fails to respond adequately to previous enforcement actions. TOS may be accomplished by physical severance of the FSE's connection to the collection system,issuance of an AO [Cease and Desist],which compels the FSE to immediately terminate its discharge, or a court ruling. Civil penalties may be imposed pursuant to City Code. Civil penalties are in addition to assessed City reimbursement costs for: • Legal fees • Equipment repair or replacement • Costs associated with the clean up or decontarrunition of a site after the discharge`o '` substances into the sanitary sewer, storm sewer, surface waters and/or to the environment that cause interference,pass-through or sanitary sewer blockage. This includes clean up and decontamination of all structures/areas including residential, commercial, surface waters and the environment. Sampling/monitoring costs Any penalties assessed to the City resulting from the subject- iolation. Section 3 - Personnel Responsible for Enforcement Actions The City of Elk River WWTP Chief Operator is responsible for all enforcement actions. The City Attorney may be requested to review escalated penalties prior to issuance,if the Chief Operator deems it necessary. Section 4 -Enforcement Considerations In determining which enforcement measure(s) to use and the amount of any civil penalties, the Chief Operator may consider the following: a. The degree and extent of the impact/harm to the natural resources of the State,the public health, the city's treatment system or public or private property as a result of the violation [including effect on groundwater, surface water or air quality]; b. The duration and magnitude of the violation; c. The cost of repairing the damage to the city's treatment collection system,public or private property and/or the natural resources of the State; H:WWTP\FOG Enfc Plan d. Whether the violation was committed negligently,grossly negligently, recklessly negligently, willfully or intentionally; e. The amount of money saved,if any,by noncompliance,including the cost of continuing to discharge in noncompliance instead of stopping operations; f. Cost incurred by the FSE in correcting the problem and FSE cooperation and good faith effort to resolve noncompliance. g. The prior record of the FSE in complying or failing to comply with the requirements of the FOG Control Policy, the Sewer Use and Discharge Requirements Ordinance, or other applicable law or regulation; h. The cost to the City (including legal fees, sampling/analytical costs, engineering/consulting fees, etc.) required,in the opinion of the City,to take necessary investigative/enforcement action, determine the nature and extent of damage,prevent further damage and repair any damage. i. The cost to the City for any civil penalties, fines,legal costs and/or other costs associated with any enforcement action or legal action taken against the City of Elk River for Wastewater Collection System Permit violations, NPDES violations or other violations caused by the FSE or FM/: 's violation(s). J. Violation(s) resulting from vandalism or the action of third-party entiti " k. Deficiencies or violations occurring as a result of circumstances be d the FSE or FM ''s control as determined by the Chief Operator. Section 5 - Investigation of Noncompliance The Chief Operator will investigate compliance with the FOG Control Policy/ Sewer Use and Sewer Use and Discharge Requirements Ordinance in the following ways: a. On-site inspections of FSE and FM/P's,including scheduled and unscheduled visits; b. Review of documentation of required cleaning/maintenance of grease retention units; c. Review of records/activities required to be documented and maintained by the User; d. Review of procedures and implementation of Best Management Practices outlined in FOG Control Policy; e. Investigation of sanitary sewer overflows and spill and illegal discharges Section 6—Types of Violations A. Minor Violation 1st Occurrence: Inspection hindrance (equipment related) TIER I Failure to maintain on site records TIER II Failure to submit quarterly records TIER II H:WWTP\FOG Enfc Plan Failure to pump grease trap/interceptor TIER IV Violation of E-BMP TIER II 2nd Occurrence: Inspection hindrance (equipment related) TIER II Failure to maintain on site records TIER III Failure to submit quarterly records TIER III Failure to pump grease trap/interceptor TIER V Violation of E-BMP TIER III 3rd Occurrence: Inspection hindrance (equipment related) TIER III Failure to maintain on site records TIER IV Failure to submit quarterly records TIER IV Failure to pump grease trap/interceptor TIER VI Violation of E-BMP ,„ TIER 4th Occurrence& Up: Inspection hindrance (equipment related); TIER Failure to maintain on site records TIER Failure to submit quarterly records' TIER V:, Failure to pump grease trap/interceptor TIER VII Violation of E-BMP ` TIER VI B. hifermediate -io anon Failure to maintain necessa equipment (T's,grease trap/iceptor not watertight,baffl tc.); 1st Offense TIER II 2nd Offense TIER IV 3rd Offense TIER VI 4th Offense&Up TIER VII C. Denial of Right of Entry for Inspection 1st Offense TIER III—TIER V D. Major Violation Source of sewer blockage TIER V Source of blockage causing sanitary sewer overflow TIER VI Falsification of maintenance records TIER V H:WWTP\FOG Enfc Plan FOG ENFORCEMENT RESPONSE PLAN 'T'IE'D LEVELS/ACTIONS TIER 1 Notice of Deficiency/Notice to Correct—No Civil Penpky Assessed TIER 11 y-of$0 $50 Assesse TIER 114 Notice of VWation—Civil Penahy of$75 $100 Assesse TIER 1V Notice of VWafion—C�A Penalty-of$150 $500 Assessed TI TIER TTi $10,000 Assessed (Possible Consefft or Admit-tis"ative Order) z�vz TIER V14 Consent Ordef/,�i-tis"ative Order with Stipti4ated Penal TIER TTTTT r�rrrr C/O/A/0 with Stipulated Penalties and Termination of[Sewe� Sefvice (TOS) Please note that Reiffibursements Cost I s are in additi civA penalfie�_as�5esse�., H:WWTP\FOG Enfc Plan