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CITY OF ELK RIVER <br /> MAY 2014 <br /> POLICY: FATS, OILS,AND GREASE ENFORCEMENT RESPONSE PLAN <br /> Section 1- Introduction <br /> This Fats, Oils and Grease Enforcement Response Plan plan (FOG ERP.)-has been developed for <br /> guidance and is not intended to create legal rights or obligations, or to limit the enforcement <br /> discretion of the WWTP Chief Operator or the City of Elk River. <br /> This FOG Enforcement Response Plan is an effective way to ensure that the City of Elk River takes <br /> fair, consistent and equitable enforcement actions against food service establishments (FSE) or food <br /> manufacturer's/processors (FM/P) for violations of the FOG Con"ol Policy and/or the City Sewe <br /> Use and Discharge Requirements Ordinance. City's Fats, Oils and Grease Control Ordinance, <br /> Section 78-156 of the City Code. It should be noted that, even with an FOG ERP,judgment and <br /> flexibility will be needed at times in response to unusual instances of noncompliance. Some <br /> violations may require a response that deviates from the ERP depending on the particulars of the <br /> situation. <br /> The enforcement philosophy of the City of Elk River is progressive,in that problems are addressed <br /> at the lowest level and with the least formality possible consistent with the specific violation. <br /> However, no enforcement procedure is contingent upon the completion of any"lesser" activity. <br /> In general, enforcement actions against FSEs and FM/Ps will be taken in accordance with this <br /> Enforcement Response Plan. However,the enforcement actions listed here are not exclusive and <br /> the City of Elk River reserves the right to implement other enforcement responses available to it <br /> under the City Code Ordinance,Minnesota and Federal laws, separately or in combination with these <br /> responses. <br /> Section 2 - Enforcement Actions Available Under the Fats, Oils and Grease Control Policy <br /> The City of Elk River is empowered by the , <br /> the-Environmental Protection Agency's National Pretreatment Program (40 CFR 403) and the City's <br /> Fats, Oils and Grease Control Ordinance, ,to <br /> take the necessary enforcement actions to ensure compliance. The following is a list of those actions. <br /> ENFORCEMENT NOTIFICATION/ACTIONS <br /> ACTION DESCRIPTION <br /> Notice of Written notice that a violation/deficiency has occurred and should be <br /> Deficiency [NOD] corrected. In general,NTCs are used for minor isolated violations or an <br /> and/or Notice to initial step leading to an escalated enforcement response. NODs/NTCs <br /> Correct [NTC] are documented and kept on file. <br /> 1 <br />