RESOLUTION NO. R2026.XX INCLUDING EXHIBIT A UPDATED ERP.DOCX
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RESOLUTION NO. R2026.12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPE, ARIZONA, APPROVING AN UPDATED COMBINED
ENFORCEMENT RESPONSE PLAN FOR VIOLATIONS OF THE
HUMAN HEALTH AND ENVIRONMENTAL PROTECTION
ORDINANCES IN TEMPE CITY CODE CHAPTERS 12, 13A, 27,
AND 33.
WHEREAS, the Public Works Director has submitted to the Council for its approval an updated
combined Enforcement Response Plan (ERP) developed in accordance with Tempe City Code sections 12-
99, 12-153, 13A-52, 13A-56, 27-95, and 33-111 and to ensure consistent and reasonable enforcement
responses to violations of the Human Health and Environmental Protection (HHEP) Ordinances reflected
within Tempe City Code Chapters 12, 13A, 27, and 33 (HHEP Ordinances); and
WHEREAS, adoption of the updated ERP is consistent with the requirements of 40 C.F.R. § 403.8,
the City’s AZPDES Stormwater Permit, and other applicable federal, state, and local permits and
requirements; and
WHEREAS, this updated ERP reflects updates and revisions to the Tempe City Code with respect
to the HHEP Ordinances including but not limited to those being made to incorporate the Federal
Pretreatment Streamlining Rule as adopted by Arizona and the City’s Arizona Discharge Pollutant
Elimination System Municipal Separate Storm Sewer System Permit; and
WHEREAS, this Resolution and its actions are for the benefit of persons living, working, or visiting
in the City of Tempe;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPE,
ARIZONA, HEREBY:
Section 1. The updated combined Enforcement Response Plan for violations of the Human Health
and Environmental Protection Ordinances in Tempe City Code Chapters 12, 13A, 27, and 33, attached as
Exhibit A, is hereby approved, replaces the previous ERP, and shall be administered and implemented by
the Public Works Director or designee.
Section 2. That the City Manager or designee is authorized and directed to execute any other
documents and take such other actions as are necessary to carry out the intent of this Resolution.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, ARIZONA,
this 22nd day of January, 2026.
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney
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Exhibit A,
Enforcement Response Plan
Public Works Department
Water Utilities Division
Environmental Services Section
Enforcement Response Plan
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INSERT EFFECTIVE DATE
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Table of Contents
I.
PURPOSE ............................................................................................................................1
II.
DEFINITIONS .....................................................................................................................2
III.
GENERAL RESPONSIBILITIES........................................................................................5
IV. AIR QUALITY: ENFORCEMENT RESPONSE………………………………………...7
V.
CROSS CONNECTION CONTROL: ENFORCEMENT RESPONSE.............................9
VI.
PRETREATMENT: ENFORCEMENT RESPONSE .......................................................11
VII.
STORMWATER: ENFORCEMENT RESPONSE...........................................................13
VIII. POINTS ASSESSMENT CRITERIA ................................................................................17
IX. ADMINISTRATIVE FINE SCHEDULE (TABLE A) ........................................................18
HHEP VIOLATIONS (TABLE B) ....................................................................................19
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I.
PURPOSE
This Enforcement Response Plan (ERP) specifies how the City of Tempe (“City”) will
investigate and respond to instances of noncompliance with the following Articles of the Tempe
City Code (T.C.C.), collectively, the “Human Health and Environmental Protection Ordinances”
or “HHEP Ordinances”:
Chapter 12, Article IV:
Stormwater Retention
Chapter 12, Article VI:
Stormwater Pollution Control
Chapter 13A, Article III:
Dust Control
Chapter 27:
Sewers and Sewage Disposal
Chapter 33, Article V:
Cross Connection Control
This ERP was developed in accordance with 40 C.F.R. Section 403.8(f)(5); T.C.C. SECTIONS
12-99, 12-153, 13A-52, 13A-56, 27-95 and 33-111; and with the requirements of AZPDES
Stormwater Permit No. AZS000005.
The intent of the ERP is to enforce the HHEP Ordinances in an equitable and consistent manner
to ensure compliance with these ordinances. These ordinances are essential for protecting public
health and safety, preserving the City’s investment in critical infrastructure, and safeguarding the
health and safety of personnel who work in or around the potable drinking water system (“DW”),
the publicly owned treatment works (“POTW”), the municipal separate storm sewer system
(“MS4”), and the environment.
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II.
DEFINITIONS
In this ERP, the following words and phrases shall have the following meanings, unless the
context otherwise requires:
Administrative Appeal: A formal appeal to the Public Works Director by a responsible party or
person requesting reconsideration of any enforcement action initiated under this ERP.
Administrative Enforcement: Legal, independently enforceable orders issued directly by
Tempe officials that define the violation, provide evidence of the violation, impose
administrative fines and/or require the RP to take corrective action within a specified time
period.
Administrative Fine: Monetary penalty assessed through administrative enforcement
(administrative order, consent order, a compliance order, a cease and desist order and/or
pretreatment settlement agreement) issued by the City of Tempe.
AO: Administrative Order
ADEQ: Arizona Department of Environmental Quality
A.R.S.: Arizona Revised Statutes
AZPDES: Arizona Pollutant Discharge Elimination System
BMP: Best Management Practices
CFR: Code of Federal Regulations.
Drainage Infrastructure: Devices, conveyances, retention systems, structures that are used to
manage and control storm water runoff including, but not limited to: bubbler boxes, catch basins,
channels, conduits, culverts, detention/retention ponds/basins, drywells, ditches, flumes, pipes,
pumps, scupper, treatment systems, wetlands and appurtenances to those items, whether natural
or artificial, that are used to draw off surface water from land, carry the water away, collect,
store, or treat the water, or divert the water into natural or artificial watercourses.
Due date: Date by which report or action is to be completed.
DW: Drinking water
Harm Caused: POTW process upset/inhibition/disruption of normal operation and/or adverse
change in POTW effluent, adverse change in POTW sludge (bio-solids)
characteristics/concentrations; a discharge into the MS4 which results in a violation of the
AZPDES Stormwater Permit; and/or adverse impact on the environment.
HHEP or Human Health and Environmental Protection Ordinances: T.C.C. Chapter 12,
Article IV (Stormwater Retention);Chapter 12, Article VI (Stormwater Pollution Control);
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Chapter 13A (Dust Control); Chapter 27 (Sewers and Sewage Disposal); and Chapter 33, Article
V (Cross-Connection Control).
Judicial Enforcement: Enforcement, either civil or criminal, against a responsible party or
organization through a court of law.
MS4: Municipal Separate Storm Sewer System
Nondomestic User: An individual, corporation, or organization other than a single-family
domicile which uses the potable water, wastewater, or public storm drain systems.
NOI: Notice of Intent to Discharge to POTW
NOV: Notice of Violation
Person: An individual, corporation, entity, or organization.
POTW: Publicly Owned Treatment Works
PSA: Pretreatment Settlement Agreement
RP: Responsible Person; the owner and/or operator of A property.
SNC or significant noncompliance : (a) In order to comply with the public participation
requirements of 40 CFR Part 25 in the enforcement of National Pretreatment Standards, for
nondomestic users permitted to discharge wastewater, the definition of significant
noncompliance shall have the same meaning as set forth by 40 CFR 403.8(f)(2)(viii) and Section
27-82 of the T.C.C.; (b) For violations of Chapter 12, Article IV, Stormwater Retention; Chapter
12, Article VI, Stormwater Pollution Control; and Chapter 33, Article V, Cross-Connection
Control, the RP shall be determined to be in SNC if the RP accumulates four or more points at
any time during the previous six (6) months preceding the end of a quarter.
T.C.C.: Tempe City Code
TGC: Tempe Grease Cooperative
WL: Warning Letter
Violation: Non-compliance with the HHEP Ordinances
III.
GENERAL RESPONSIBILITIES
PUBLIC WORKS DEPARTMENT
Public Works Director
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The Public Works Director is responsible for administration and enforcement of the HHEP
Ordinances and the appropriate application of the ERP to suspected violations. The Public
Works Director may delegate authority to City staff as authorized by the T.C.C.
WATER UTILITIES DIVISION
Deputy Public Works Director - Water
If so delegated, the Deputy Public Works Director - Water is responsible for the appropriate
application of the ERP to suspected violations. The Deputy Public Works Director – Water will:
Conduct administrative appeals and show cause hearings;
Issue administrative orders (AOs) as deemed appropriate by the Deputy Public Works Director
- Water following a show cause hearing;
Approve assessment of administrative fines;
Approve termination or emergency suspension of water or wastewater services; and
Implement enforcement responsibilities in the T.C.C. Sections 12-71, 12-116, 13A-52, 13A-
56, 27-95, and 33-101.
ENVIRONMENTAL SERVICES SECTION
Environmental Services Section Manager
The Environmental Services Manager is responsible for ensuring equitable and consistent
implementation of the ordinance requirements and ensuring that enforcement activities follow
the ERP. The Environmental Services Section Manager will:
Review all suspected violations;
Promptly notify the Deputy Public Works Director – Water of significant noncompliance;
Sign Notices of Violation (NOVs);
Sign initial AOs;
Consult with the City Attorney regarding administrative enforcement; and
Make recommendations to the City Attorney regarding initiating judicial enforcement.
Environmental Services Section Supervisors
The Environmental Services Section Supervisors are responsible for ensuring equitable and
consistent implementation of the ordinance requirements and ensuring that enforcement activities
follow the ERP. The Supervisors will:
Supervise and manage the Environmental Compliance Inspectors;
Review all suspected violations;
Recommend appropriate enforcement for violations;
Initiate and conduct communication with the RP, including telephone contact, site inspections
and meetings;
Develop and oversee compliance monitoring schedules;
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Track enforcement response times;
Approve compliance sampling schedules;
Recommend AOs;
Recommend emergency suspension and termination of service;
Consult with the City Attorney on administrative enforcement;
Recommend initiation of judicial enforcement;
Collect administrative fines for violations upon approval by the Environmental Services
Section Manager and/or Deputy Public Works Director - Water; and
Participate in administrative appeals, show cause hearings and court proceedings as deemed
necessary by the Public Works Director, Deputy Public Works Director - Water,
Environmental Services Section Manager, and/or City Attorney.
Environmental Compliance Inspectors
Environmental Compliance Inspectors (ECIs) are responsible for conducting compliance
inspections. ECIs will:
Conduct outreach and educational activities with regulated persons;
Conduct wastewater sampling;
Screen compliance monitoring data;
Determine compliance with permit conditions and/or T.C.C. through on-site inspections and
prepare inspection reports;
Identify instances of noncompliance;
Promptly notify the Environmental Services Section Supervisor of noncompliance;
Draft warning letters (WLs);
Draft NOVs;
Assist in drafting AOs;
Develop compliance sampling schedules;
Provide compliance assistance as appropriate; and
Participate in administrative appeals, show cause hearings and court proceedings as deemed
necessary by the Public Works Director, Deputy Public Works Director - Water,
Environmental Services Section Manager, and/or City Attorney.
Water Quality Specialists
The Water Quality Specialists will be responsible for conducting compliance monitoring. The
Water Quality Specialists will:
Conduct compliance monitoring as required by permit and/or T.C.C.;
Conduct field testing consistent with approved test methods;
Preserve samples as test methods require;
Initiate and maintain chain of custody of sample(s) until sample delivery to laboratory;
Prepare and maintain detailed notes of sampling activities, dates, times, and observations;
Provide sampling assistance to ECI(s); and
Participate in administrative appeals, show cause hearings and court proceedings as deemed
necessary by the Public Works Director, Deputy Public Works Director - Water,
Environmental Services Section Manager, and/or City Attorney.
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CITY ATTORNEY
The City Attorney’s Office will:
Provide assistance and advice on legal/regulatory issues, developments, and changes;
Advise City staff during administrative enforcement matters as required;
Consult with Environmental Services Section Manager on administrative enforcement actions
and review AOs issued by the Environmental Services Section Manager;
Manage and prosecute judicial enforcement on behalf of the City.
MAILING ADDRESS & CONTACT INFORMATION
P.O. Box 5002, Tempe, Arizona 85280
Phone: (480) 350-2678
Fax: (480) 350-2615
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IV.
AIR QUALITY: ENFORCEMENT RESPONSE
Investigation of noncompliance will be conducted by environmental services section staff. The
methods used to investigate and to determine noncompliance may include, but are not limited to:
1. Respond to complaints received from the public;
2. On-site inspections, including scheduled and unscheduled visits; and
3. Conduct surveillance of activity to verify compliance and record activity that is non-
compliant with the T.C.C.
The City’s Enforcement Response to any violation of Chapter 13A may include, but is not
limited to, the following:
1. Contact by inspector;
2. Provide educational material of BMP and T.C.C. requirements and/or prohibitions;
3. WL (may include cease and desist);
4. NOV with or without an accompanying AO, which may include:
a.
Affirmative obligations,
b. Prohibited actions or obligations to cease and desist,
c.
Other appropriate orders;
5. Administrative fines;
6. Hearings to show cause;
7. Judicial enforcement action, including injunctive relief and criminal prosecution.
ENFORCEMENT TIME FRAME
1. Enforcement responses to initial air quality program violations will be initiated within
thirty (30) days of discovery or at the discretion of the environmental services section
manager. Whenever use of an NOV as an enforcement response is selected, immediate
issuance is allowed.
2. When appropriate, follow-up inspections will occur within ten (10) days of a due date
specified in a NOV.
3. Follow-up escalated action for repeat or reoccurring offenses will be taken within ten
(10) days of discovery of the repeat or reoccurring offenses and may include additional
administrative enforcement, including AOs, administrative fines, and judicial
enforcement.
4. In emergency situations caused by violations, including imminent danger to the public
health, safety, or welfare, and endangerment to city personnel or the environment, the
public works director or their delegated representative may initiate enforcement
responses, including without limitation issuance of cease and desist orders;
5. A person that has been subject to enforcement action under this ERP may request an
administrative appeal.
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6. An administrative appeal shall not be a bar against, or prerequisite for, taking any other
action against the person.
7. The Public Works Director may enter into an agreement with a responsible party or
person subject to enforcement under this ERP.
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V. CROSS CONNECTION CONTROL: ENFORCEMENT RESPONSE
Investigation of noncompliance will be conducted by the Environmental Services Section staff.
The methods used to investigate and to determine noncompliance may include, but are not
limited to:
1. Respond to complaints received from the public;
2. On-site inspections, including scheduled and unscheduled visits;
3. Scheduled and unscheduled testing of backflow assemblies that are non-residential
customers;
4. Conduct surveillance of testers to verify test procedures are being followed;
5. Review water purchase records and use of water of nondomestic users;
6. Review of reported backflow assembly test results.
The City’s Enforcement Response to any violation of Chapter 33, Article V, may include, but is
not limited to, the following:
1. Contact by inspector;
2. Provide educational material of BMP and T.C.C. requirements and/or prohibitions;
3. WL;
4. NOV with or without an accompanying AO, which may include:
a.
Affirmative obligations,
b. Prohibited actions or obligations to cease and desist,
c.
Other appropriate orders;
5. Administrative fines;
6. Emergency suspension or termination of service;
7. Hearings to show cause;
8. Publication of significant violators and imposition of fines;
9.
Judicial enforcement action, including injunctive relief and criminal prosecution.
ENFORCEMENT TIME FRAME
1. Enforcement responses to initial Cross Connection Control Violations will be initiated
within thirty (30) days of discovery or at the discretion of the Environmental Services
Section Manager. Whenever use of an NOV as an enforcement response is selected,
immediate issuance is allowed.
2. When appropriate, follow-up inspections will occur within ten (10) days of a due date
specified in a NOV.
3. Follow-up escalated action for repeat or reoccurring offenses will be taken within ten
(10) days of discovery of the repeat or reoccurring offenses and may include additional
administrative enforcement, including AOs and administrative fines, and judicial
enforcement.
4. In emergency situations caused by violations, including imminent danger to the public
health, safety, or welfare, and endangerment to City personnel or the environment, the
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Public Works Director or their delegated representative may initiate enforcement
responses, including without limitation:
a.
Issuance of cease and desist orders;
b. Water or wastewater service termination;
c.
Revocation or termination of any permits issued by the Public Works Department.
5. A person that has been subject to enforcement action under this ERP may request an
administrative appeal.
6. An administrative appeal shall not be a bar against, or prerequisite for, taking any other
action against the person.
7. The Public Works Director may enter into an agreement with a responsible party or
person subject enforcement under this ERP.
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VI.
PRETREATMENT: ENFORCEMENT RESPONSE
Investigation of noncompliance will be conducted by the Environmental Services Section staff.
The methods used to investigate and to determine noncompliance may include, but are not
limited to:
1. Respond to complaints received from the public;
2. On-site inspections of the nondomestic user, including scheduled and unscheduled visits;
3. Scheduled and unscheduled sampling of process and or domestic effluent;
4. Conduct surveillance of activity to verify compliance and record activity that is non-
compliant with T.C.C. and/or applicable permit;
5. Review applicable data, records and sampling analysis results.
The City’s Enforcement Response to any violation of Chapter 27 may include, but is not limited
to, the following:
1. Contact by inspector;
2. Provide educational material of BMP and T.C.C. requirements and/or prohibitions;
3. WL;
4. NOV with or without an accompanying AO, which may include:
a.
Modification of wastewater discharge permits,
b. Affirmative obligations,
c.
Prohibited actions or obligations to cease and desist,
d. Other appropriate orders;
5. Administrative fines;
6. Emergency suspension or termination of service;
7. Hearings to show cause;
8. Publication of significant noncompliance;
9. Judicial enforcement action, including injunctive relief and criminal prosecution.
ENFORCEMENT TIME FRAME
1. Enforcement responses to initial Pretreatment Program violations will be initiated within
thirty (30) days of discovery or at the discretion of the Environmental Services Section
Manager. Whenever use of an NOV as an enforcement response is selected, immediate
issuance is allowed.
2. When appropriate, follow-up inspections will occur within ten (10) days of a due date
specified in a NOV.
3. Follow-up escalated action for repeat or reoccurring offenses will be initiated within ten
(10) days of discovery of the repeat or reoccurring offenses and may include additional
administrative enforcement, including AOs and administrative fines, and judicial
enforcement.
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4. In emergency situations caused by violations, including imminent danger to the public
health, safety, or welfare, and endangerment to City personnel or the environment, the
Public Works Director or their delegated representative may initiate enforcement
responses, including without limitation:
a.
Issuance of cease and desist orders;
b. Water or wastewater service termination;
c.
Revocation or termination of any permits issued by the PUBLIC WORKS
Department;
d. At the recommendation of the Public Works Director to another Department
Director, termination of permits issued by that respective Department.
5. Pursuant to chapter 27-96, a person that has been subject to enforcement action under this
ERP may request an administrative appeal.
6. An administrative appeal shall not be a bar against, or prerequisite for, taking any other
action against the person.
7. The Public Works Director may enter into an agreement with a responsible party or
person subject to enforcement under this ERP.
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VII.
STORMWATER: ENFORCEMENT RESPONSE
Enforcement of violations of Chapter 12, Articles IV and VI, from domestic sources may be
limited to items 1 through 3 unless the Public Works Director determines that special
circumstances warrant additional enforcement measures.
STORMWATER POLLUTION
Investigation of noncompliance will be conducted by the Environmental Services Section staff.
The methods used to investigate and to determine noncompliance may include, but are not
limited to:
1. Respond to complaints received from the public;
2. On-site inspections of user, including scheduled and unscheduled visits;
3. Conduct surveillance of activity to verify compliance and record activity that is non-
compliant with T.C.C.;
4. Scheduled and unscheduled sampling of process and/or domestic runoff;
5. Review applicable data, records and sampling analysis results.
The City’s Enforcement Response to any violation of Chapter 12, Article VI, may include, but is
not limited to, the following:
1. Contact by Inspector;
2. Provide educational material of BMP and T.C.C. requirements and/or prohibitions;
3. WL;
4. NOV with accompanying AO, which may include:
a) Affirmative obligations;
b) Prohibited actions or obligations to cease and desist,
c) Other appropriate orders;
5. Administrative fines;
6. Emergency suspension or termination of service;
7.
Hearing to show cause;
8.
Judicial enforcement action, including injunctive relief and criminal prosecution.
ENFORCEMENT TIME FRAME
1. Enforcement responses to initial Stormwater Violations will be initiated within thirty (30)
days of discovery or at the discretion of the Environmental Services Section Manager.
Whenever use of an NOV as an enforcement response is selected, immediate issuance is
allowed.
2. When appropriate, follow-up inspections will occur within ten (10) days of a due date
specified in a NOV.
3. Follow-up escalated action for repeat or reoccurring offenses will be taken within thirty
(30) days of discovery of the repeat or reoccurring offenses and may include additional
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administrative enforcement, including AOs and administrative fines, and judicial
enforcement.
4. In emergency situations caused by violations, including imminent danger to the public
health, safety, or welfare, and endangerment to City personnel or the environment, the
Public Works Director or their delegated representative may initiate enforcement
responses, including without limitation:
a.
Issuance of cease and desist orders;
b. Water or wastewater service termination;
c.
Revocation or termination of any permits issued by the Public Works Department;
d. At the recommendation of the Public Works Director to another Department
Director, termination of permits issued by that respective Department.
5. A person that has been subject to enforcement action under this ERP may request an
administrative appeal.
6. An administrative appeal shall not be a bar against, or prerequisite for, taking any other
action against the person.
7. The Public Works Director may enter into an agreement with a responsible party or
person subject to enforcement under this ERP.
STORMWATER RETENTION
Investigation of noncompliance will be conducted by the Environmental Services Section staff.
The methods used to investigate and to determine noncompliance may include, but are not
limited to:
1. Respond to complaints received from the public;
2. On-site inspections of user, including scheduled and unscheduled visits;
3. Conduct surveillance of activity to verify compliance and record activity that is non-
compliant with T.C.C.;
4. Scheduled and unscheduled sampling of process and/or domestic runoff;
5. Review applicable data, records and sampling analysis results.
The City’s Enforcement Response to any violation of Chapter 12, Article IV, may include, but is
not limited to, the following:
1. Contact by inspector;
2. Provide educational material of BMP and T.C.C. requirements and/or prohibitions;
3. WL;
4. NOV with accompanying AO, which may include:
a) Affirmative obligations;
b) Other appropriate orders;
5. Administrative fines;
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6. Emergency suspension or termination of service;
7. Hearing to show cause;
8. Judicial enforcement action, including injunctive relief and criminal prosecution.
ENFORCEMENT TIME FRAME
1. Enforcement responses to initial stormwater violations will be initiated within thirty (30)
days of discovery or at the discretion of the Environmental Services Section Manager.
Whenever use of an NOV as an enforcement response is selected, immediate issuance is
allowed.
2. When appropriate, follow-up inspections will occur within sixty (60) days of a due date
specified in a NOV.
3. Follow-up escalated action for repeat or reoccurring offenses will be taken within thirty
(30) days of discovery of the repeat or reoccurring offenses and may include additional
administrative enforcement, including AOs and administrative fines, and judicial
enforcement.
4. In emergency situations caused by violations, including imminent danger to the public
health, safety, or welfare, and endangerment to city personnel or the environment, the
Public Works Director or delegated representative may initiate enforcement responses,
including without limitation:
a.
Issuance of cease-and-desist orders;
b. Water or wastewater service termination;
c.
Revocation or termination of any permits issued by the;
d. At the recommendation of the Department Director or another Department
Director, termination of permits issued by that respective department.
5. Pursuant to Chapter 12-72, a person that has been subject to enforcement action under
this ERP may request an administrative appeal.
6. An administrative appeal shall not be a bar against, or prerequisite for, taking any other
action against the person.
7. The Public Works Director may enter into an agreement with a responsible party or
person subject to enforcement under this ERP.
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VIII.
POINTS ASSESSMENT CRITERIA
INTRODUCTION
In order to apply enforcement in an equitable and consistent manner, violation points have been
developed for each classification of violation (See Table B). Points for violations have been assigned
depending upon the severity of the violation; the potential for environmental, public, or employee harm;
facility damage that may result from a violation; and/or the cost of the violation to the City and its
operations. Each violation by an RP shall result in points being assigned to that RP.
When an RP’s total points in any two consecutive quarters equals or exceeds 4.0 points, administrative
fines will be assessed against the RP. The fines will be assessed in the amounts specified on Table A.
ASSESSMENT OF POINTS
A. If a violation is discovered, the City may issue the RP, an NOV and set forth points assessed
and the potential enforcement penalties under this ERP.
B. Significant noncompliance (SNC) is calculated at the end of every quarter for the six (6)
months preceding the end of the quarter:
Compliance Review Date(s)
Period of Review
April
October 1 of previous year through March 31 of current year
July
January 1 through June 30 of current year
October
April 1 through September 30 of current year
January
July 1 through December 31 of previous year
C. When the total number of points equals or exceeds four (4) points during any two consecutive
quarters, the Public Works Director or their delegated representative shall assess administrative
fines consistent with this ERP and determine other appropriate enforcement actions which may
include revocation of the permit, if applicable; publication of those in SNC; and/or termination
of service or cease and desist orders.
D. If a permit or property is conveyed, points associated with that permit or property do not
convey to the new permit holder or owner unless the new holder/owner is related to the
previous holder/owner or unless it appears that the conveyance is an attempt to avoid
enforcement. Determinations pursuant to this Section D shall be at the sole discretion of the
Public Works Director.
E. A single operational upset or activity, which leads to simultaneous violations of more than one
pollutant parameter, may be treated as a single violation for point assessment, provided there is
no harm caused.
IX.
ADMINISTRATIVE FINE SCHEDULE
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ADMINISTRATIVE FINES FOR POINTS ASSESSED
As a result of SNC, when an RP is assigned four (4) points or more during any consecutive two-quarter
period, the Public Works Director or their delegated representative will assess an administrative fine
with a base value of $2,500.00.
In addition to the base administrative fine, each quarter (0.25) point assessed in excess of FOUR (4)
points shall be assigned a dollar value of $156.25. For each quarter point, the following values will be
applied:
TABLE A – ADMINISTRATIVE FINE SCHEDULE
POINTS
0.25
0.50
0.75
1.0
1.25
1.50
1.75
2.0
FINE
$156.25
$312.50
$468.75
$625.00
$781.25
$937.50
$1,093.75
$1,250.00
POINTS
2.25
2.50
2.75
3.0
3.25
3.50
3.75
4.0
FINE
$1,406.25
$1,562.50
$1,718.75
$1,875.00
$2,031.25
$2,187.50
$2,343.75
$2,500.00
Following an SNC and the imposition of the base fine, each subsequent violation during the same
consecutive two-quarter period shall be assessed a fine based on the quarter-point increment schedule.
For subsequent violations, all points assessed during the two-quarter period are used to determine
whether a penalty will be assessed, but the amount of the penalties are only assessed on points for which
penalties were not previously assigned; i.e., no double billing for points assessed. At any time, the
accumulated points total less than four points for any consecutive two-quarter period, fines will not be
assessed for that period.
Data used to determine compliance shall be maintained in accordance with the City’s record retention
policy and applicable state or federal regulations.
APPEAL OF ADMINISTRATIVE FINES
If the RP desires to dispute an assessed administrative fine, the RP must file a written request for the
Public Works Director to reconsider the administrative fine along with full payment of the
administrative fine within fifteen (15) days of being notified of the fine.
PUBLICATION OF RP IN SIGNIFICANT NONCOMPLIANCE
The Public Works Director shall publish at least annually in a newspaper of general circulation a list of
RPs that have been in SNC at any time since the last publication.
Industrial Users found to be in SNC shall be published in accordance with 40 CFR 403.8(f)(2)(viii)(A-H).
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TABLE B – HHEP VIOLATIONS
Any violation of ordinance not specified in Table B may be awarded points at the discretion of the Public Works
Director.
The description of the violation is for ease of reference only. For the specific violation, consult the corresponding
ordinance section cited.
Table B, Part 1: Cross Connection Control Violations
Code
Violation
Points Enforcement
Response
Code Reference
CC-1
Incorrect installation of assembly
1.0
WL, NOV, AO
§ 33-104(a)
CC-2
Incorrect size of assembly installed
1.0
WL, NOV, AO
§ 33-104(b)
CC-3
Installation of by-pass around assembly
4.0
WL, NOV, AO
§ 33-104(c)
CC-4
Incorrect type of assembly and/or valves installed
1.0
WL, NOV, AO
§ 33-104(d-f)
CC-5
Installation of a non-approved assembly
1.0
WL, NOV, AO
§ 33-106
CC-6
Failure to install assembly after notification issued –
1st occurrence
2.0
WL, NOV, AO
§ 33-110(b)
CC-7
Failure to install assembly after notification issued –
2nd occurrence
2.0
WL, NOV, AO
§ 33-110(b)
CC-8
Failure to install assembly after notification issued –
3rd occurrence, discontinuance of service
4.0
NOV, AO,
Termination of
Services
§ 33-110(b)
§ 33-109
CC-9
Failure to maintain records of tests and/or repair
1.0
WL, NOV, AO
§ 33-107(a)
CC-10
Failure to conduct annual testing - 1st occurrence
2.0
WL, NOV, AO
§ 33-107(b)
CC-11
Failure to conduct annual testing - 2nd occurrence
2.0
WL, NOV, AO
§ 33-107(b)
CC-12
Failure to conduct annual testing – 3rd occurrence
4.0
NOV, AO,
Termination of
Services
§ 33-107(b)
CC-13
Failure to notify of testing
1.0
WL, NOV, AO
§ 33-107(c)
CC-14
Failure to conduct initial test
1.0
WL, NOV, AO
§ 33-107(b)
CC-15
Failure to conduct test by certified tester
1.0
WL, NOV, AO
§ 33-107(d)
CC-16
Failure to re-test after repair, etc., of assembly
2.0
WL, NOV, AO
§ 33-107(e)
CC-17
Failure to maintain system open for inspection
2.0
WL, NOV, AO
§ 33-108
Resolution No. 2026.xx
Page 19 of 29
Table B, Part 2: Pretreatment Violations
Code
Violation
Points Enforcement
Response
Code Reference
P-1
Allow a prohibited discharge into the POTW which
causes pass through or interference – 1st occurrence.
2.0
WL, NOV, AO
§ 27-10(a)
P-2
Allow a prohibited discharge into the POTW which
causes pass through or interference – 2nd occurrence
within any two consecutive quarters.
4.0
WL, NOV, AO
§ 27-10(a)
P-3
Allow a prohibited discharge into the POTW – 1st
occurrence.
2.0
WL, NOV, AO
§ 27-10(b)(1-19)
P-4
Allow a prohibited discharge into the POTW – 2nd
occurrence within any two consecutive quarters.
4.0
NOV, AO
§ 27-10(b)(1-19)
P-5
Discharge from nondomestic source without a
permit.
2.0
WL, NOV, AO
§ 27-10(c)
P-6
Discharge from nondomestic source without a
permit – 2nd occurrence within any two consecutive
quarters.
4.0
WL, NOV, AO
§ 27-10(c)
P-7
Processing or storage of a prohibited pollutant,
substance, or wastewater prohibited by Article I
which could be discharged into POTW.
2.0
WL, NOV, AO
§ 27-10(c)(2)
P-8
Violation of Local or Categorical limit - 1st
occurrence.
2.0
WL, NOV, AO
§ 27-11
§ 27-12
P-9
Violation of Local or Categorical limit - 2nd
occurrence within any two consecutive quarters.
2.0
WL, NOV, AO
§ 27-11
§ 27-12
P-10
Violation of Local or Categorical limit - 3rd
occurrence within any two consecutive quarters.
4.0
NOV, AO
§ 27-11
§ 27-12
P-11
Use of process water to dilute discharge as a partial
or complete substitute to adequate treatment – 1st
occurrence.
2.0
WL, NOV, AO
§ 27-14
P-12
Use of process water to dilute discharge as a partial
or complete substitute to adequate treatment – 2nd
occurrence within any two consecutive quarters.
4.0
NOV, AO
§ 27-14
P-13
Tamper, damage, or destroy monitoring equipment.
4.0
NOV, AO
Revocation of Permit
§ 27-15(a)
§ 27-46(5)
P-14
Tamper with manhole or unauthorized entry into
POTW.
2.0
NOV, AO, Cease and
Desist
§ 27-15(b)
P-15
Tamper with manhole or unauthorized entry into
POTW – 2nd occurrence within any two consecutive
quarters.
4.0
NOV, AO, Cease and
Desist
§ 27-15(b)
P-16
Tamper with pretreatment device – 1st occurrence.
2.0
NOV, AO, Cease and
Desist
§ 27-15(c)
P-17
Tamper with pretreatment device – 2nd occurrence
within any two consecutive quarters.
4.0
NOV, AO, Cease and
Desist
§ 27-15(c)
P-18
Failure to provide pretreatment facilities.
1.0
WL, NOV, AO
§ 27-21 or §27-22
P-19
Failure to restrict discharge during peak flow period.
1.0
WL, NOV, AO
§27-22(a)
P-20
Failure to install suitable storage and flow control
equipment as directed by the Public Works Director.
1.0
WL, NOV, AO
§ 27-22(b)
Resolution No. 2026.xx
Page 20 of 29
P-21
Failure to properly maintain pretreatment equipment
– 1st occurrence.
1.0
WL, NOV, AO
§ 27-22(c)
P-22
Failure to properly maintain pretreatment equipment
– 2nd occurrence in any two consecutive quarters.
2.0
WL, NOV, AO
§ 27-22(c)
P-23
Failure to properly maintain pretreatment equipment
– 3rd occurrence in any two consecutive quarters.
4.0
WL, NOV, AO
§ 27-22(c)
P-24
Failure to maintain cleaning and maintenance
records – 1st occurrence.
1.0
WL, NOV, AO
§ 27-22(c)
P-25
Failure to maintain cleaning and maintenance
records – 2nd occurrence within any two consecutive
quarters.
2.0
WL, NOV, AO
§ 27-22(c)
P-26
Failure to maintain cleaning and maintenance
records – 3rd occurrence within any two consecutive
quarters.
4.0
WL, NOV, AO
§ 27-22(c)
P-27
Failure to develop and/or implement accidental
discharge/slug control plan – 1st occurrence.
1.0
WL, NOV, AO
§ 27-23
P-28
Failure to develop and/or implement accidental
discharge/slug control plan – 2nd occurrence within
any two consecutive quarters.
2.0
WL, NOV, AO
§ 27-23
P-29
Failure to develop and/or implement accidental
discharge/slug control plan – 3rd occurrence within
any two consecutive quarters.
4.0
WL, NOV, AO
§ 27-23
P-30
Discharge of hauled waste into POTW without
discharge permit – 1st occurrence.
4.0
NOV, AO, Cease and
Desist
§ 27-24
P-31
Illegal disposal of pretreatment sludge and other
material.
4.0
NOV, AO, Cease and
Desist
§ 27-25
P-32
Failure to submit wastewater analysis within forty-
five (45) days of request – 1st occurrence.
1.0
WL, NOV, AO
§ 27-31
P-33
Failure to submit wastewater analysis within forty-
five (45) days of request – 2nd occurrence within any
two consecutive quarters.
2.0
WL, NOV, AO
§ 27-31
P-34
Failure to submit wastewater analysis within forty-
five (45) days of request – 3rd occurrence within any
two consecutive quarters.
4.0
WL, NOV, AO
§ 27-31
P-35
Failure to submit information required by T.C.C.
Section 27-32(b).
1.0
WL, NOV, AO
§ 27-32
P-36
Failure to obtain wastewater discharge permit -
discharge occurring.
2.0
WL, NOV, AO
§ 27-33 or § 27-
34
P-37
Failure to notify Public Works Director of
significant changes to wastewater prior to changed
discharge.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(1)
P-38
Failure to provide prior notification to the Public
Works Director of changed conditions.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(2)
P-39
Misrepresentation or failure to fully disclose all
relevant facts in wastewater discharge permit
application.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(3)
P-40
Falsifying self-monitoring reports.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(4)
P-41
Refusing to allow the Public Works Director timely
access to the facility premises and records.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(6)
§ 27-71
Resolution No. 2026.xx
Page 21 of 29
P-42
Failure to meet effluent limitations.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(7)
P-43
Failure to pay fines.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(8)
P-44
Failure to pay sewer charges.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(9)
P-45
Failure to meet compliance schedules.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(10)
P-46
Failure to complete a wastewater survey or the
wastewater discharge permit application.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(11)
P-47
Failure to provide advance notice of the transfer of
business ownership of a permitted facility.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(12)
P-48
Violation
of
any
pretreatment
standard
or
requirement, or any terms of the wastewater
discharge permit or this article.
4.0
WL, NOV, AO,
Revocation of Permit
§ 27-46(13)
P-49
Failure to immediately notify of potential problems.
1.0
WL, NOV, AO
§ 27-56(a)
P-50
Failure to submit detailed written report within 5 days
following discharge violation.
1.0
WL, NOV, AO
§ 27-56(b)
P-51
Failure to post notification information of POTW in
the event of an accidental discharge, non-routine
discharge, or slug load which may impact the POTW.
2.0
WL, NOV, AO
§ 27-56(c)
P-52
Failure to notify Public Works Director within 24
hours of becoming aware of violation – 1st
occurrence.
1.0
WL, NOV, AO
§ 27-58
P-53
Failure to notify Public Works Director within 24
hours of becoming aware of violation – 2nd
occurrence within any two consecutive quarters.
2.0
WL, NOV, AO
§ 27-58
P-54
Failure to notify Public Works Director within 24
hours of becoming aware of violation – 3rd
occurrence within any two consecutive quarters.
4.0
WL, NOV, AO
§ 27-58
P-55
Failure to notify of discharge of hazardous waste.
2.0
WL, NOV, AO
§ 27-59
P-56
Improper test method conducted – 1st occurrence.
1.0
WL, NOV, AO
§ 27-60
P-57
Improper test method conducted – 2nd occurrence
within any two consecutive quarters.
2.0
WL, NOV, AO
§ 27-60
P-58
Improper test method conducted – 3rd occurrence
within any two consecutive quarters.
4.0
WL, NOV, AO
§ 27-60
P-59
Failure to apply for renewal of discharge permit
within 30 days of permit expiration.
2.0
WL, NOV, AO
§ 27-47
P-60
Failure to apply for renewal of discharge permit
within 30 days of permit expiration – 2nd notice.
4.0
WL. NOV, AO
§ 27-47
P-61
Violation of utilizing a garbage disposal/grinder to
introduce liquified solid waste causing pass through
or interference to the POTW – 1st occurrence
1.0
WL, NOV, AO
§ 27-22(d)
P-62
Violation of utilizing a garbage disposal/grinder to
introduce liquified solid waste causing pass through
or interference to the POTW – 2nd occurrence
2.0
WL, NOV, AO
§ 27-22(d)
P-63
Violation of utilizing a garbage disposal/grinder to
introduce liquified solid waste causing pass through
or interference to the POTW – 3rd occurrence
4.0
WL, NOV, AO
§ 27-22(d)
Resolution No. 2026.xx
Page 22 of 29
P-64
Violation of utilizing a dishwasher without proper
pretreatment device causing pass through or
interference to the POTW – 1st occurrence
1.0
WL, NOV, AO
§ 27-22(c)
P-65
Violation of utilizing a dishwasher without proper
pretreatment device causing pass through or
interference to the POTW – 2nd occurrence
2.0
WL, NOV, AO
§ 27-22(c)
P-66
Violation of utilizing a dishwasher without proper
pretreatment device causing pass through or
interference to the POTW – 3rd occurrence
4.0
NOV, AO
§ 27-22(c)
P-67
Failure to submit a baseline monitoring report.
4.0
NOV, AO
§ 27-51 (b)
P-68
Failure to submit a requested progress report on a
compliance schedule.
4.0
NOV, AO
§ 27-52
P-69
Failure to submit a one-time compliance report under
the Dental Amalgam Rule.
4.0
NOV, AO
§ 27-22(g)
P-70
Failure to pay TGC invoice – 1st occurrence
1.0
WL, NOV, AO
§ 27-21(c)
Rules and
Procedures
P-71
Failure to pay TGC invoice – 2nd occurrence
2.0
NOV, AO,
Suspension of TGC
services
§ 27-21(c)
Rules and
Procedures
P-72
Failure to pay TGC invoice – 3rd occurrence
4.0
NOV, AO, Sent to
collections, Removed
from TGC for one
year
§ 27-21(c)
Rules and
Procedures
Resolution No. 2026.xx
Page 23 of 29
Table B, Part 3: Stormwater Violations
Code
Violation
Points Enforcement
Response
Code Reference
SW-1
Discharging any substance to the public right-of-
way and/or the public storm drain system that is not
composed entirely of storm water – 1st occurrence.
2.0
Provide BMP
pamphlet, WL, NOV,
AO
§ 12-125(a)
SW-2
Discharging any substance to the public right-of-
way and/or the public storm drain system that is not
composed entirely of storm water – 2nd or greater
occurrence.
4.0
WL, NOV, AO
§ 12-125(a)
SW-3
Improper use, storage, spill, dump of material in a
manner which could cause or contribute to the
addition of pollutants to the storm system – 1st
occurrence.
2.0
WL, NOV, AO
§ 12-125(b)
SW-4
Improper use, storage, spill, dump of material from
a commercial/industrial activity in a manner which
could cause or contribute to the addition of
pollutants to the storm system – 2nd or greater
occurrence within any two consecutive quarters.
4.0
NOV, AO
§ 12-125(b)
SW-5
Establishment, use, maintenance, or continuance of
any connection to the public storm sewer system
which has caused or will likely cause a violation.
2.0
WL, NOV, AO
§ 12-125(f)
SW-6
Failure to remove any connection to the public
storm drain system after written notification has
been issued as required by §12-125(f).
2.0
WL, NOV, AO
§ 12-125(f)
SW-7
Failure to clean up any release or discharge which
may result in pollutant(s) entering the public storm
drain system.
2.0
WL, NOV, AO
§ 12-126(a)
SW-8
Failure to notify the City of discharge or release of
pollutant into the public storm drain system.
2.0
WL, NOV, AO
§ 12-126(b)
SW-9
Failure to implement BMP(s) (non-construction).
1.0
WL, NOV, AO
§ 12-127
SW-10
Failure to implement BMP(s) (construction).
2.0
WL, NOV, AO
§ 12-128
SW-11
Discharge of exempt discharges that are determined
to be a significant source of pollutants or could
place the City in violation with its AZPDES Permit.
2.0
WL, NOV, AO
§ 12-125(c)
SW-12
Failure to maintain drainage infrastructure to meet
design capacity.
4.0
WL, NOV, Provide
3rd party certified
inspection
§ 12-86(e)
or § 12-89(c)
SW-13
Failure to inspect and/or maintain records of
inspections – 1st occurrence
1.0
WL, NOV
§ 12-86(e)
§ 12-89(c)(1)
City of Tempe
Engineering
Design Criteria
Declaration of
maintenance for
inspection and
maintenance of
drainage
Resolution No. 2026.xx
Page 24 of 29
SW-14
Failure to inspect and/or maintain records of
inspections – 2nd occurrence within any two
consecutive quarters.
2.0
WL, NOV
§ 12-86(e)
§ 12-89(c)(1)
City of TEMPE
engineering
design criteria
Declaration of
maintenance for
inspection and
maintenance of
drainage
SW-15
Failure to meet NOV plan for correction
4.0
NOV, AO
§ 12-92
Resolution No. 2026.xx
Page 25 of 29
Table B, Part 4: Air Quality Violations
Code
Violation
Points Enforcement
Response
Code Reference
AQ-1
Use a leaf blower to blow leaves, grass cuttings,
other landscape debris, trash, soil or dust into a
public roadway - 1st occurrence.
2.0
WL, NOV, AO
§ 13A-52(a)
AQ-2
Use a leaf blower to blow leaves, grass cuttings,
other landscape debris, trash, soil or dust into a
public roadway - 2nd occurrence.
4.0
WL, NOV, AO
§ 13A-52(a)
AQ-3
Operate a leaf blower except on surfaces that
have been stabilized - 1st occurrence.
2.0
WL, NOV, AO
§ 13A-52(b)
AQ-4
Operate a leaf blower except on surfaces that
have been stabilized. 2nd occurrence.
4.0
WL, NOV, AO
§ 13A-52(b)
AQ-5
Operate a leaf blower during any high pollution
advisory day forecast for particulate matter - 1st
occurrence.
2.0
WL, NOV, AO
§ 13A-52(c)
AQ-6
Operate a leaf blower during any high pollution
advisory day forecast for particulate matter 2nd
occurrence.
4.0
WL, NOV, AO
§ 13A-52(c)