Enforcement
Go through the sections below.
Progressive Enforcement
The Municipal NPDES Permit requires progressive enforcement of your agency's NPDES-related ordinances. "Progressive" means that enforcement is escalated in cases of continued noncompliance. The purpose of this requirement is to ensure that NPDES violations are resolved as soon as possible. Cases where progressive enforcement might apply include:
An auto repair shop that continues to discharge vehicle wash-water to the street, despite receiving a notice and/or citation to cease the activity.
A property management company that does not address overflowing trash bins, despite receiving a notice and/or citation to address the issue.
The following is a step-by-step example of how progressive enforcement might be implemented in a case of continued noncompliance:
Written notice to comply
Monetary citation (ex: $100)
Increased citation (ex: $500)
Cost recovery
Civil penalties
Referral to State Regional Water Board
Note the above is just an example. Depending on your agency's specific code enforcement procedures, you could start with a monetary citation. Or you could skip the citation and start with cost recovery. Or you could issue higher monetary citations before proceeding with civil penalties. The point is to take an approach with will minimize the period of noncompliance.
As noted in the previous section, referrals for enforcement from the State Regional Water Board are not common. They should be notified of repeated or egregious noncompliance at sites covered by NPDES Permits. They can also be of assistance when your agency has exhausted their own enforcement options.
Follow-up
As with any violation that requires corrective actions, whether enforcement is issued or not, you must follow-up to ensure that the corrections are made. If the corrections made are not complete, continue with additional follow-ups and enforcement.
