Know Your Role
Go through the sections below.
Code Enforcement and NPDES
The connection between Code Enforcement and NPDES is simple:
Many NPDES violations are also municipal code violations, and
Municipal NPDES Permits require enforcement of these municipal codes.
So the main role of Code Enforcement under the NPDES Program is to enforce municipal codes related to NPDES. This is also a key role, as without some enforcement, many water quality violations would persist without end. Another role of Code Enforcement--which supports the main role--is to identify NPDES violations while working in the field.
Common NPDES-related Municipal Code Provisions
The most common NPDES-related municipal code provisions are the:
prohibition of illicit discharges, and the
requirement to prevent stormwater pollution with Best Management Practices (BMPs)
An illicit discharge is a discharge of polluted water to the storm drain system. A stormwater BMP is a broad term for any practice that prevents or reduces stormwater pollution. We will discuss both in detail in the following sections.
Scope of Your Role in Prohibiting Illicit Discharges
NPDES regulations include procedures related to the prohibition of illicit discharges. They are:
Responding to active or potential illicit discharges, including spills
Investigating the sources of illicit discharges
Eliminating the sources of illicit discharges, including clean-up
Reporting illicit discharges
We will discuss these procedures in detail in the following sections. Note that your specific responsibilities under these procedures may vary, as noted below.
Your Role May be Specific to Your Municipality
The scope of your NPDES responsibilities is determined by specific Department or Division procedures. Below are common examples where the NPDES responsibilities of Code Enforcement may be limited:
NPDES violations at construction projects might be under the purview of construction site inspectors.
NPDES violations that occur in the public right-of-way might be under the purview of Public Works inspectors.
Spill clean-up and reporting might be handled by Public Works or private companies.
Larger municipalities may have dedicated environmental enforcement staff positions.
In such cases, the role of Code Enforcement staff may be to limited to 1) identifying NPDES violations in the field, and 2) referring them to the appropriate staff ASAP for follow-up. If you are uncertain of your specific NPDES responsibilities, contact your supervisor.
In terms of which Department, Division, or staff positions are the best fit for specific NPDES roles: This is also an internal municipal decision. Regulators tend to be less concerned with the specific Department, Division or Staff that implement NPDES requirements, and more concerned that a failsafe process is in place to ensure NPDES requirements are implemented.
