N.J. Admin. Code § 7:14A-19.4 - Enforcement response plans

(a) A delegated local agency shall develop and implement an enforcement response plan in accordance with this section. The plan shall contain detailed procedures describing how a delegated local agency shall investigate and respond to instances of indirect user noncompliance. The plan shall, at a minimum:

1. Describe how the delegated local agency shall investigate instances of noncompliance;

2. Describe the types of escalating enforcement responses the delegated local agency shall take in response to all anticipated types of indirect user violations and the time frames within which responses shall take place;

3. Identify (by title) the official(s) responsible for each type of response;

4. Adequately reflect the delegated local agency's primary responsibility to enforce all applicable pretreatment requirements and standards as detailed in 40 CFR 403.8(f)(1) and (f)(2), and the delegated local agency's approved pretreatment program and amendments; and

5. Contain noncompliance and nature of violation criteria and responses as set forth in the plan contained in Appendix A of this subchapter, incorporated hereby by reference, which denotes the minimum requirements.

(b) A delegated local agency may develop an enforcement response plan in tabular format for easy reference, such as the enforcement response plan set forth in Appendix A.

(c) The enforcement response plan shall be included within the rules and regulations or sewer use ordinance of a delegated local agency.

(d) The enforcement response plan shall include or shall incorporate by reference all mandatory penalties, settlement restrictions, uniform penalty policies, grace period provisions, and other requirements applicable to the Department in accordance with 7:14-8.1(f), including, without limitation, the civil administrative penalty determination procedure specified in 7:14-8.16.

(e) The development of the ERP in accordance with this section shall not preclude a DLA from initiating other available enforcement responses where violations are not specifically identified in the ERP.

Notes

N.J. Admin. Code § 7:14A-19.4

Amended by R.1999 d.32, effective 1/19/1999.
See: 30 N.J.R. 1356(a), 31 N.J.R.157(a).
In (a)5, deleted "The delegated agency shall be in violation of this subsection only if it fails to take action in accordance with the minimum requirements in Appendix A" from the end; rewrote (d); in (f), substituted "no later than March 20, 1999" for "by November 1, 1997"; and added (g).
Amended by R.2007 d.234, effective 8/6/2007.
See: 38 N.J.R. 2919(a), 39 N.J.R. 3298(a).
In (d), inserted ", grace period provisions,".
Amended by R.2009 d.7, effective 1/5/2009.
See: 40 N.J.R. 1478(a), 41 N.J.R. 142(a).
Deleted (f) and (g).