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Industrial Discharge Permit - St. Joseph Energy Center
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Industrial Discharge Permit - St. Joseph Energy Center
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3/31/2025 3:18:24 PM
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5/24/2017 1:44:10 PM
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Board of Public Works
Document Type
Permit Applications
Document Date
5/23/2017
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b. Consent -The Director may enter into Consent Orders, assurances of compliance, or other similar documents <br />establishing an agreement with any User responsible for noncompliance. Such documents shall include specific <br />action to be taken by the User to correct die noncompliance within a time period specified by the document. <br />c. Show Cause - The Director may order a User which has violated, or continues to violate, any provision of this <br />ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment <br />Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action <br />should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed <br />enforcement action, the reasons for such action, and a request that the User show cause why the proposed <br />enforcement action should not be taken. <br />d. Compliance - When die Director finds that a User has violated, or continues to violate, any provision of this <br />ordinance, an individual wastewater discharge permit, or order issued hereunder, or any od-ier Pretreatment <br />Standard or Requirement, tine Director may issue an order to the User responsible for the discharge directing that <br />the User come into compliance within a specified time. If the User does not come into compliance within the time <br />provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related <br />appurtenances are installed and properly operated. Compliance orders also may contain other requirements to <br />address the noncompliance, including additional self-nnonitoring and management practices designed to minimize <br />the amount of pollutants discharged to the sewer. A compliance order may not extend dnc deadline for compliance <br />established f'or a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability <br />for any violation, including any continuing violation. <br />5. LIT - Litigation is the most severe enforcement action and is utilized when a User has not cooperated with the <br />Control Authority or responded to the other enforcement remedies. Litigation defines several courses of action <br />including civil suits for injunctive relief and/or civil penalties, criminal suits, termination of service, etc. These <br />types of actions would all involve the courts and the City Attorney and would follow the procedures necessary for <br />the due process. <br />III. Significant Non Compliance (SNC) <br />Utilizing the Enforcement Response Plan, Pretreatment Staff will initiate the appropriate response and see that the <br />enforcement tracking files have been updated to show the type of action being taken and the response date. <br />On a quarterly basis the Pretreatment Staff will be responsible for reviewing the compliance file of all Industrial <br />Users for the previous six (6) months to determine significant non-compliance of any industrial user and on an <br />annual basis, the names of all Industrial Users found in significant non-compliance will be published in the South <br />Bend Tribune. A definition of significant non-compliance follows. <br />Instances of Significant Non -Compliance (SNC) are Industrial User Violations which meet one or more of the <br />following criteria: <br />(a) Chronic violations of wastewater Discharge limits, defined here as those in which sixty-six (66) percent or more <br />of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any <br />magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR <br />403.30); <br />
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