Enforcement Response Plan (ERP)

The ultimate goal of the Enforcement Response Plan (ERP) is to ensure compliance with all applicable local, state and federal rules and regulations as they relate to pretreatment standards and requirements.

Our primary concern in every enforcement situation is to correct the problem that caused the violation. The Industrial Waste staff has developed an Enforcement Response Plan to assure that our response to any violation:

  • Focuses on solving the problem that caused the violation
  • Is conducted fairly and consistently
  • Is taken in a timely fashion
  • Recovers utility cost caused by the violation
  • Removes any economic advantages

Enforcement Response Factors

The enforcement response for any given violation will vary according to several factors including:

  • The violation's magnitude and duration
  • Any effect on the Publicly Owned Treatment Works (POTW) or the receiving stream
  • Any injury to personnel or the public, the compliance history of the business
  • Any good faith demonstrated by the offender are all accounted for when determining the most appropriate enforcement response for a violation

Introduction

It is the responsibility of the Winston-Salem/Forsyth County Utility Commission for the City of Winston-Salem, hereafter referred to as Utility Commission to enforce all applicable Federal, State, and local pretreatment regulations. These regulations are outlined in Federal regulation 40 CFR 403 and State regulation 15A NCAC 2H.0900, and the Utility Commission's Sewer Use Resolution (SUR) (PDF). This Enforcement Response Plan (ERP) has been established as an element of the Public Operated Treatment Works (POTW) pretreatment program. The purpose of the ERP is to provide for fair and equitable treatment of all users for anticipated enforcement situations. In general, enforcement actions will be taken in accordance with the ERP

However, the enforcement actions available are not exclusive as discussed in the SUR, Article IX. Therefore, any combination of the enforcement actions can be taken against a noncompliant user.