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DMR FAQs on Non Compliance Reports

(page 20 of DMR Manual)

To download the Non-Compliance Report Form, please select the link below.

Non-Compliance Report Form (pdf file, 196 kb)

Is the NCR form new? Is the person that signs the DMR the only one who can sign the NCR? If something occurs during non-business hours, do we just call and leave a message?
The Report of Non-Compliance Form is not new, this is a minor modification of the previous form. The people who are authorized to sign the DMR are the only people who can sign the Report of Non-Compliance. If an upset or spill occurs at a treatment plant during non-business hours, the facility should call the DEC Spills phone number (1-800-457-7362) and report the incident.

Can we send DEC a letter rather than the NCR form?
A letter can be sent to DEC in place of the "Report of Non Compliance Event" form, but we prefer that the form be used, as it captures all of the pertinent data in a concise format.

Is the NCR form needed within 5 days or is inclusion with the DMRs adequate (after making verbal contact within 24 hours of the event)?
Section 5.a of the general conditions Part 2 requires the mailing within 5 days, but it can be waived on a case by case basis by the regional office. However, the Report of Non-Compliance must always be included with each office's copy of the DMR.

Do we need to fill out a "Report of Non-Compliance Event" form for "not within analytical standards" or too numerous to count (TNTC)?
We would prefer a Report of Non-Compliance be used in these cases, but a letter is sufficient.

Do we need to send the NCR form to all addresses that we send the DMR to?
The "Report of Non-Compliance Event" form must be sent to all of the addresses that the permittee sends their DMR to.

Does an NCR need to be submitted each time a parameter is exceeded?
The "Report of Non-Compliance Event" must be completed each time a parameter is exceeded. This report describing the noncompliance, its cause, duration, and corrective actions taken both immediate and long term is needed by DEC for each event of non-compliance.

How do you determine the duration of the non-compliance event, if you sample only once/week?
The duration of Non-Compliance is the period of time between a non-compliant sample and the first subsequent sample that shows a return to compliance. Additional sampling is encouraged to demonstrate the successful return to compliance as soon as possible.

If we sample once per month and the Sample Measurement exceeds the Permit Requirement for the 30-day Average in one month and the 7-day Average in another month, do we fill out an NCR for both months?
The facility would need to send a Report of Non-Compliance for both months in this case.

Is the non compliance form available electronically?
The Report of Non-Compliance Event form is currently available on the DEC website in PDF format for download.

Does a lab accident by the contract lab need to reported on a Non-Compliance Report?
Yes.

For a greater than symbol, do we always have to attach a non-compliance form?
Yes, unless the greater than symbol is being used for a minimum limit.

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