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d. Whether the violation was committed negligently,grossly negligently, recklessly negligently, <br /> willfully or intentionally; <br /> e. The amount of money saved,if any,by noncompliance,including the cost of continuing to <br /> discharge in noncompliance instead of stopping operations; <br /> f. Cost incurred by the FSE in correcting the problem and FSE cooperation and good faith effort to <br /> resolve noncompliance. <br /> g. The prior record of the FSE in complying or failing to comply with the requirements of the FOG <br /> Control Policy, the Sewer Use and Discharge Requirements Ordinance, or other applicable law or <br /> 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/: 's <br /> violation(s). <br /> J. Violation(s) resulting from vandalism or the action of third-party entiti " <br /> k. Deficiencies or violations occurring as a result of circumstances be d the FSE or FM ''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 and <br /> Sewer Use and Discharge Requirements Ordinance in the following ways: <br /> a. On-site inspections of FSE and FM/P's,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 Best Management Practices outlined in FOG <br /> Control Policy; <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 /> H:WWTP\FOG Enfc Plan <br />