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4. For violations 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 a per- <br />mitted effluent pH range, the City will not assess an administrative penalty for that viola- <br />tion. The violation will, however, be recorded and treated as a permit violation for all <br />other purposes, including the calculation of Significant Noncompliance. <br />5. For any series of violations of effluent limitations which meet the definition of Sig- <br />nificant Noncompliance, the enforcement response will be the issuance of an Ad- <br />ministrative 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. Penalties listed for effluent violations are per pollutant per day, and apply to results ob- <br />tained from City or industrial user monitoring. The City may conduct monitoring as <br />often as necessary to determine compliance. For the purposes of assessing an <br />administrative civil penalty for a violation of effluent limitations, general discharge <br />prohibitions, or specific restricted substance limitations, the term "day" shall have one of <br />the following 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 violation of a monthly average, weekly average, or 4-day average effluent limitation <br />will be considered as one violation for the purpose of calculating the administrative <br />penalty, or other enforcement response. <br />8. Penalties listed above (except penalties for Mobile Waste Haulers) will be subject to a <br />flow-based multiplier according to the following: <br />For any discharger with a total daily wastewater flow greater than 100,000 gallons per <br />day, the administrative penalty listed in the enforcement response guide will be <br />multiplied by (Q x 10), where Q is the daily wastewater flow in million gallons per day <br />(MGD) for the industrial user responsible for the violation. For violations which relate to <br />a separate wastestream (such as an effluent limitation specific to one of several <br />wastestreams), the flow of this wastestream is used in the calculation. For general <br />violations which relate to the facility as a whole (such as entry denial), the wastewater <br />flow from the whole facility is used in the calculation. For example, an industry with a <br />wastewater flow of 550,000 gallons per day, and responsible for a violation for which the <br />administrative penalty from the enforcement response guide is $500, will receive an <br />adjusted administrative penalty of $500 x 0.55 x 10 = $2750. <br />Administrative Rule R-6.463 Page 11 - Appendix A <br />