Enforcement Policy

The City has developed an Enforcement Response Plan (ERP) to provide guidance and assistance in responding to Sewer Use Code violations as well as violations of wastewater discharge permit limits and requirements. The plan was submitted to the Ohio EPA for review and was approved by them in February of 1993. The plan provides a framework for enforcement action to resolve wastewater permit violations. When and where possible, informal enforcement actions such as telephone calls or informal letters are used. These methods are generally effective and promote a spirit of open communication and cooperation with our customers. Where more formal enforcement action is necessary, Section 925.13(c) and Section 925.23 of the Sewer Use Code provide for a written Notice of Violation (NOV) to be used. The NOV requires a timely written response from the violator indicating the results of their investigation into the source of the violation and the steps to be taken and a time frame for resolving the violation. These actions are normally used to correct minor discharge limits violations or other minor administrative or reporting violations.

Where more formal and/or progressive enforcement action is necessary, Section 925.13 and the City’s Enforcement Response Plan provide a variety of formal enforcement tools such as the following:

• Emergency Suspension Order - In the case of extreme circumstances causing immediate harm to the collection system, treatment plant, or receiving waters, sewer service may be terminated.
• Suspension of Service or Permit
• Show Cause Hearings
• Consent Orders
• Compliance Orders
• Cease and Desist Orders
• Administrative Fines
• Judicial Proceedings including both civil and, if warranted, criminal actions
• Injunctive Relief
• Recovery of Costs

Enforcement Response Plan (298 KB PDF)

Sample Notice of Violation (64 KB PDF)