|July 23, 2020 City Council Meeting
21. Approval of an Amendment to the Pretreatment Ordinance
Enforcement remedies provided by the Pretreatment Ordinance currently stipulate that the notice of noncompliance will specify a date by which the user must show a return to compliance. The ordinance in its current version stipulates a deadline for compliance of 45 days after the city has identified the violation. This provision conflicts with EPA’s Guidance for Developing Control Authority Enforcement Response Plans (1989). EPA’s guidance stipulates a deadline of 30 days, (or more stringent) for an industry to return to compliance after identification of a violation.
These Provisions typically require the Control Authority (City of Savannah Pretreatment Division) to issue a violation notice and allow the user a predetermined period of time, 30 days or less, to correct the noncompliance before the City of Savannah’s Pretreatment Division may assess administrative fines or seek judicial remedies. While the violation notice can be an effective tool, its use is not appropriate in every circumstance and terms should not delay implementation of more severe responses. The City Attorney’s Office has been consulted on this issue and is in agreement with this ordinance modification. The proposed revisions include the removal of the specific 45-day window and allow the City of Savannah’s Pretreatment program to be consistent with EPA regulations and issue more stringent deadlines based on the severity of the noncompliance.
Jacelyn Crumley, Water and Sewer Acting Director
Exhibit 1: Ordinance - Pretreatment.docx