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 />minisfrative 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 often <br />as necessary to determine compliance. For the purposes of assessing an administrative <br />civil penalty for a violation of effluent limitations,. general discharge prohibitions, or <br />specific restricted substance limitations, the term "day" shall have one of the following <br />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 />o, 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 multiplied <br />by (Q x 10), where Q is the daily wastewater flow in million gallons per day (MGD) for <br />the industrial user responsible for the violation. For violations which relate to a separate- <br />wastestream (such as an effluent limitation specific to one of several wastestreams), the <br />flow of this wastestream is used in the calculation. For general violations which relate to <br />the facility as a whole (such as entry denial), the wastewater flow from the whole facility <br />is used in the calculation. For example, an industry with a wastewater flow of 550,000 <br />gallons per day, and responsible for a violation for which the administrative penalty from <br />the enforcement response guide is $500, will receive an adjusted administrative penalty of <br />$500 x 0.55 x 10 = $2750. <br />The value of Q will be calculated as follows: <br />Administrative Rule R-6.501 Page l l Appendix A <br />