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<br />APPENDIX D <br /> <br />ENFORCEMENT PLAN <br /> <br />Enforcement Responses <br /> <br />I. violations. <br /> <br />(a) The ordinance contains four categories of violations <br />which will result in the implementation of enforcement <br />procedures. The categories are identified as follows: <br /> <br />1. Procedural violations involve ministerial duties <br />under the ordinance. These violations include, but <br />are not limited to, falsifying documents, <br />discharging waste without a permit, failing to <br />submit a required report, failure to sample and <br />test when required, failure to provide a notice <br />when required, etc... <br /> <br />2. Operational violations involve the operation of the <br />facility and a pretreatment plant with regard to <br />discharges into the waste stream. These violations <br />include, but are not limited to, exceeding the <br />maximum limit for a parameter in a discharge, <br />dilution of a discharge, failure to fulfill the <br />conditions of a prescribed compliance plan, etc... <br /> <br />3. Unintended discharge violations involve the <br />accidental discharge or emergency discharge into <br />the sewer system or the environment. <br /> <br />4. Other violations not covered by the three <br />categories outlined above but which require an <br />enforcement response under existing laws as <br />determined by the director. <br /> <br />(b) The director shall determine, into which category a <br />violation falls using the best exercise of his <br />discretion. <br /> <br />II. Response to a violation. <br /> <br />(a) Generally, the director will determine the appropriate <br />response to any violation. In formulating a response, <br />the following matters will be considered, to-wit: <br /> <br />1. Duration of the infraction; <br /> <br /> <br />25 <br />