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Single Event Violations

Single Event Violations. Violations Automatically Detected by ICIS. Effluent Violation. Delinquent Schedule. Failure to Submit DMRs and Reports. Unexpected Violations Can Occur. Violations detected during an inspection Unauthorized bypass Discharging without a permit Fish kill, etc.

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Single Event Violations

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  1. Single Event Violations

  2. Violations Automatically Detected by ICIS • Effluent Violation Delinquent Schedule Failure to Submit DMRs and Reports

  3. Unexpected Violations Can Occur • Violations detected during an inspection • Unauthorized bypass • Discharging without a permit • Fish kill, etc.

  4. SEVs • SEVs required for Major and Non-major permittees • States and EPA manually enter into ICIS • Unique violations that are not automatically detected • NPDES inspection or non-compliance report

  5. SEV Guidance in ECHO

  6. Types of SEVs • Bypass • Fish Kills

  7. Violations Detected During an Inspection

  8. Failure to Apply for Permit

  9. Special Regulatory Programs • CAFOs • Pretreatment

  10. Special Regulatory Programs • Storm Water

  11. Data Entry SEVs

  12. Data Entry SEVs NM0022250

  13. Search for Violation Code

  14. Violation Code Selections

  15. Wildcard Feature

  16. SEV Dates

  17. Required SEV Fields

  18. Saving Options

  19. Duration Data Fields 08/27/2015 08/29/2015

  20. Duration Data Fields 08/27/2015 08/29/2015

  21. Extended Date Ranges

  22. RNC Evaluation

  23. RNC Detection Code

  24. RNC Detection Dates

  25. RNC Resolution Codes

  26. RNC Resolution Date

  27. User Defined Fields / Comment Field

  28. SEV Data Entry Guidance Documents EPA policy documents can be found on ECHO Gov. To find, go to: • ECHO Homepage (echo.epa.gov) • Login into ECHO Gov • Help • Additional resources (link at bottom) • Guidance, Policy, and Minimum Data Requirements Information • https://echo.epa.gov/resources/guidance-policy/guidance-policy-minimum-data-requirements • Single Event Violation (SEV) Data Entry (under Clean Water Act)

  29. SEV Data Entry and Guidance Documents Will find links to: • Single Event Violation Data Entry Guidance for ICIS-NPDES • Regional Guidance for Tracking Clean Water Act (CWA) NPDES Inspection-Related Violations and Wet Weather Significant Noncompliance • National Pollution Discharge Elimination System (NPDES) Electronic Reporting Rule

  30. Response to SEV Questions When should an SEV be entered into ICIS? Should an SEV be linked to compliance monitoring activity? Why do some SEVs “cascade”? Plus important SEV dates How do SEVs become designated significant noncompliance (SNC)?

  31. When should a SEV be entered into ICIS? • Violation and SEV determinations should be entered into the database shortly after they have been made. Regions should not wait until an enforcement action is taken before entering inspection and violation data. - Regional Guidance for Tracking Clean Water Act (CWA) NPDES Inspection-Related Violations and Wet Weather Significant Noncompliance, p. 3 • NPDES eRule requires SEVs to be entered by EPA Regions and states for both major and non-majors

  32. Should an SEV be linked to CM activity? • Users should link related inspections, violations, and actions to each other so that an accurate activity record can be maintained. Existing SEVs can be edited, linked and unlinked from an inspection or other activities such as Investigations, Information Requests, or Offsite Record Reviews. Existing SEVs can also be deleted in the event that the original determination is found to be erroneous. - SEV Data Entry Guidance, page 5

  33. Why do some SEVs “cascade” each quarter? • Facilities with open single event violations (meaning a start date was entered, but no end date) will continue to appear in violation in the national and the public databases until the end date is entered. The regulatory authority should use its judgment in regard to “ending” a single event violation. Also, in the situation when the regulatory authority notices old or obsolete violations that do not have an end date, an end date should be entered so the facility does not appear to be in violation erroneously. -SEV Data Entry Guidance, page 4 • Example: if the violation is determined to be closed prior to the issuance of an enforcement action, it should be “ended” in the database. - SEV Data Entry Guidance, page 4

  34. Important SEV dates • Violation Start Date • Violation End Date • RNC Detection Date • RNC Resolution Date

  35. Violation Start Date • For any single event violation with duration of longer than one day, the Violation Start Date should be populated using the same definition as the violation date. The regulatory authority can choose to input the actual start date of the violation if that date precedes the date that the government obtained first knowledge of the violation. -SEV Data Entry Guidance, page 4 • Example 1: A sampling inspection is conducted on 1/1/05. Violation is confirmed via lab test on 3/1/05. Violation start date is 1/1/05. ICIS-NPDES should reflect a single event violation beginning on 1/1/05. • Example 2: Inspection record review performed on 2/1/05 determines that a permittee failed to sample as required on 1/1/05 and has missed all required sampling since that time. Regulatory authority should set start date as 1/1/05 even though violation was not detected until 2/1/05.

  36. Violation End Date • This is the date that a single event violation receives an end date in ICIS-NPDES. • The regulatory authority should end the violation at the point that it is satisfied that the violation no longer exists (return to compliance). • There are several ways that the regulatory agency may determine return to compliance, for example, (1) a facility has self-corrected a violation and provided satisfactory documentation to the regulatory authority, (2) the regulatory authority may have conducted follow-up compliance monitoring proving the problem is fixed, (3) the violation may have been corrected as a result of a government action, or (4) the violation could have been 3 corrected at the conclusion of a compliance schedule. If the regulatory authority is aware that a facility has returned to compliance before government action is taken, the end date should reflect the return to compliance date, not the date that government action is taken. -SEV Data Entry Guidance, page 3-4

  37. RNC Detection Date • This is the date that the regulatory authority “determines” that RNC (or SNC) criteria have been met (typically via a management review of inspector findings, etc.). If the date that the “RNC/SNC determination” is made is not known, the regulatory authority may use the violation start date, or the compliance monitoring/inspection date as the RNC Detection Date. -SEV Data Entry Guidance, page 4

  38. RNC Resolution Date • This is the date that applies to the RNC or SNC resolution status of the violation. • Technical note: The RNC fields should be entered manually. If only the RNC Detection Code and Date are entered, the system will automatically set the RNC Resolution Code to non-compliant and the RNC Resolution date will default to the RNC Detection Date that was entered. -SEV Data Entry Guidance, page 4

  39. How does a SEV become SNC? • SNC if RNC Detection Code = B, I, G, J • Unresolved SNC if RNC Code = A • Example ECHO Detailed Facility Reports\ • Resolved SNC • Unresolved SNC

  40. How does a SEV become SNC? https://www.epa.gov/sites/production/files/2013-11/documents/sev-ww-flowchart.pdf

  41. Linking Violations

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