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. The following is a step-by-step example of how progressive enforcement might be implemented in a case of continued noncompliance:

1. Written notice to comply

2. Monetary citations (ex: $100, $500, $1,000)

3. Stop Work Order, or equivalent

4. Cost recovery

5. Civil penalties

6. 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 instead issue a stop work order. 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.

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.