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g. The prior record of the FSE or FM/P in complying or failing to comply with the requirements of <br /> the FOG Control Policy,the Sewer Use and Discharge Requirements Ordinance, or other applicable <br /> law or regulation; <br /> h. The cost to the city (including legal fees, sampling/analytical costs, engineering/consulting fees, <br /> etc.) required,in the opinion of the city,to take necessary investigative/enforcement action, <br /> determine the nature and extent of damage,prevent further damage and repair any damage. <br /> i. The cost to the city for any civil penalties, fines,legal costs and/or other costs associated with any <br /> enforcement action or legal action taken against the City of Elk River for Wastewater Collection <br /> System Permit violations,NPDES violations or other violations caused by the FSE or FM/P's <br /> violation(s). <br /> j. <br /> Violation(s) resulting from vandalism or the action of third-party entities <br /> ......�.�........ <br /> k. Deficiencies or violations occurring as a result of stances beyond the FSE or FM/P's; <br /> control as determined by the Chief Operator. <br /> Section 5 - Investigation of Noncompliance <br /> The Chief Operator will investigate compliance with the FOG Control Policy/ Sewer Use <br /> Sewer Use and Discharge Requirements Ordinance in the following ways: <br /> a. On-site inspections of FSE and FM/Ps,including scheduled and unscheduled visits; <br /> b. Review of documentation of required cleaning/maintenance of grease retention units; <br /> c. Review of records/activities required to be documented and maintained by the User; - <br /> d. Review of procedures and implementation of BMWs outlined in `Best Management Practices for <br /> Food Service Establishments and Food Manufacturer/Processers'; <br /> e. Investigation of sanitary sewer overflows and spill and illegal discharges. <br /> Section 6—Types of Violations <br /> A. Minor Violation <br /> 1st Occurrence: <br /> Inspection hindrance (equipment related) TIER I <br /> Failure to maintain on site records TIER II <br /> Failure to submit quarterly records TIER II <br /> Failure to pump grease trap/interceptor TIER IV <br /> Violation of E-BMP TIER II <br /> 2nd Occurrence: <br /> Inspection hindrance (equipment related) TIER II <br /> Failure to maintain on site records TIER III <br /> Failure to submit quarterly records TIER III <br /> FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 4 <br />