The Enforcement Response Plan (ERP) is a crucial component of the City of Amarillo's Pretreatment Program.

In accordance with the 1990 amendments to the General Pretreatment Regulations, each POTW (Publicly Owned Treatment Works) is required to develop an Enforcement Response Plan (ERP). To obtain EPA and State approval, a program must have an ERP authorized by the approved pretreatment program.

Objectives of the ERP

Escalating enforcement begins with Level A, with Level E being the most serious violation.

Levels of Violation and Enforcement

Level A

• Violations
  • Failure to sample, monitor, or report on an isolated or infrequent basis.
  • Minor sampling, monitoring, or reporting deficiencies on an isolated or infrequent basis.
  • Failure to report effluent violation or slug discharge with no known effect on an isolated or infrequent basis.
• Enforcement
  • Phone call from the Pretreatment Program requesting information.

Level B

• Violations
  • Failure to report or notify with a response more than 10 calendar days but less than 20 calendar days past due.
  • Exceeding permit or ordinance limits by less than 20% on an isolated or infrequent basis with no known detrimental effects.
  • Slug loads on an isolated or infrequent basis with no known detrimental effects.
  • Unauthorized discharge, one time only, with no known detrimental effect.
• Enforcement
  • Certified letter from the pretreatment program containing a notification of violations.

Level C

• Violations
  • Failure to report or notify with reports more than 20 calendar days and less than 30 calendar days past due.
  • Any reporting deficiencies uncorrected for two reporting periods.
  • Exceeding the permit or ordinance limits by less than 20% twice in a six-month period.
  • Slug loads with no known detrimental effects twice in a six-month period.
  • Failure to sample or monitor, missing 20% or less of the required actions.
• Enforcement
  • Letter from the Pretreatment Program including a notification of violations, and requesting voluntary compliance, compliance schedules, or meetings.

Level D

• Violations
  • Failure to report or notify with reports 30 or more calendar days past due.
  • Failure to sample or monitor, missing more than 20% of the required actions.
  • Unauthorized discharge, with no known detrimental effect, two or more times in a six-month period.
  • Any reporting deficiencies uncorrected for 3 or more reporting periods.
  • Any discharge that meets the definition of significant noncompliance.
  • Harassment or attempted bribery of any city employee in the performance of his/her official duties.
  • Tampering with any sampling or monitoring equipment.
  • Intentional dilution of the waste stream.
• Enforcement
  • Level D violators will be requested to arrange an informal meeting to discuss all violations. The meeting may result in a formal written compliance schedule or an administrative order.

Level E

• Violations
  • Any unauthorized discharge that causes interference, pass-through, other environmental damage, or violation of permit limits.
  • Any unauthorized discharge that causes danger to human health.
  • Failure to comply with terms of any Level D Administrative Order.
  • Falsification.
• Enforcement
  • Administrative Order structured to the needs of the COA and containing fines of $2,000 per day per violation.

Fines and Compliance

Fines for Level D violations range from a minimum of $1 to a maximum of $1,000 per violation per day. Level E violations incur fines of $2,000 per day per violation. Administrative orders also reserve the City's right to recover damages to the physical plant and penalties imposed by State or Federal Agencies.

Significant Noncompliance

Users meeting the definition of significant noncompliance face public disclosure, with their firm names published annually in the newspaper as violators of local, state, and federal law.

Enforcement Response Plan — ERP — FAQs