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Phone: 913-715-8500

11811 S. Sunset Drive, Suite 2500, Olathe, Kansas 66061

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Industrial Pretreatment: Regulation Enforcement

Requirements, Violations, and Compliance

Johnson County Wastewater enforces sanitary sewer system regulations through the authority granted in the Johnson County Code of Regulations for Sanitary Sewer Use, 2003 Edition. These regulations apply to all users of the public sanitary sewers.

Industrial users regulated under Johnson County Wastewater’s Industrial Pretreatment Program are also subject to the requirements specified in the Industrial Wastewater Discharge Permit issued to them. Violations of the permit typically fall into two categories:

  1. Reporting violations result from failing to submit a required report, submitting an incomplete report, falsification of a report, or similar infractions.
  2. Discharge violations are incurred when wastewater monitoring indicates that the industry has exceeded discharge limits of the parameters specified in the permit.

Enforcement tools include, but are not limited to, actions such as telephone notifications, Notices of Violation, Compliance Directives, Administrative Orders, and termination of services. Administrative fines, civil penalties, and criminal prosecution are also tools of enforcement. Enforcement tools are defined, and their use specified, in Johnson County Wastewater’s Industrial Pretreatment Program Enforcement Response Plan.

Compliance evaluations of regulated industrial users are performed semi-annually. An industry will fall within one of the three (3) following categories of compliance:

  1. Compliance: In compliance with all standards; no violations.
  2. Infrequent Noncompliance: Infrequent noncompliance with discharge standards; some violations but not severe enough to be considered in significant noncompliance. In compliance with all remaining standards as specified in the Code of Federal Regulations (40 CFR 403.8(f)(2)(vii)).
  3. Significant Noncompliance: Significant noncompliance with discharge standards, reporting requirements, compliance schedule milestones, or other standards as specified in the Code of Federal Regulations (40 CFR 403.8(f)(2)(vii)). The most common determination of Significant Noncompliance is due to violations of wastewater discharge limits.

Wastewater discharge violations are as follows:

  • Chronic Violations: Defined as those in which 66 percent or more of all the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
  • Technical Review Criteria (TRC) Violations: Defined as those in which 33 percent or more of all of the measurements for each pollutant taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for other pollutants, except pH).

The names of those industries found to be in Significant Noncompliance are published during the month of February in the classified section of The Kansas City Star newspaper.