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4. For olations of effluent limitations where the analytical result is less than or equal to 1.2 <br /> times the permitted effluent limitation, or is less than 0.2 pH units above or below aper- <br /> mitte effluent pH range, the City will not assess an administrative penalty for that viola- <br /> tion. a violation will, however, be recorded and treated as a permit violation for all <br /> other urposes, including the calculation of Significant Noncompliance. <br /> S. For y series of violations of effluent limitations which meet the definition of Sig- <br /> nific t Noncompliance, the enforcement response will be the issuance of an Ad- <br /> minis ative Compliance Order. The penalty assessed will be as listed above, according <br /> to the number of months with violations, or as specified in the Order. <br /> 6. Penal ies listed for effluent violations are per pollutant per day, and apply to results ob- <br /> taine from City or industrial user monitoring. The City may conduct monitoring as <br /> <br /> f often necessary to determine compliance. For the purposes of assessing an <br /> admi 'strative civil penalty for a violation of effluent limitations, general discharge <br /> prohi itions, or specific restricted substance limitations, the term "day" shall have one of <br /> the fo lowing meanings: <br /> a. If the violation is determined from data obtained from a grab sample, or a series of <br /> grab samples, day means calendar day. <br /> b. If the violation is determined from data obtained from an automatic pH recording <br /> instrument, day means calendar day. <br /> c. If the violation is determined from data obtained from a composite sample <br /> collected by an automatic sampling device, day means the 24-hour period <br /> beginning at the time sampling is initiated. <br /> 7. A vio ation of a monthly average, weekly average, or 4-day average effluent limitation <br /> will considered as one violation for the purpose of calculating the administrative <br /> penal y, or other enforcement response. <br /> 8. Penal ies listed above (except penalties for Mobile Waste Haulers) will be subject to a <br /> flow- ased multiplier according to the following: <br /> <br /> ! For y discharger with a total daily wastewater flow greater than 100,000 gallons per <br /> day, e administrative penalty listed in the enforcement response guide will be <br /> multi lied by (Q x 10), where Q is the daily wastewater flow in million gallons per day <br /> (MG )for the industrial user responsible for the violation. For violations which relate to <br /> a sep ate wastestream (such as an effluent limitation specific to one of several <br /> waste treams), the flow of this wastestream is used in the calculation. For general <br /> viola ons which relate to the facility as a whole (such as entry denial), the wastewater <br /> flow om the whole facility is used in the calculation. For example, an industry with a <br /> waste ater flow of 550,000 gallons per day, and responsible for a violation for which the <br /> admi 'strative penalty from the enforcement response guide is $500, will receive an <br /> adjus ed administrative penalty of $500 x 0.55 x 10 = $2750. <br /> Administrati a Rule R-6.463 Page 11 Appendix A - <br /> <br />