NPDES Violation Response and Enforcement
Go through the sections below. You may skip this section if your job responsibilities do not involve NPDES violation response.
Complete violation response is an involved process. For more information on this process--including spill containment, spill cleanup, corrective actions, and reporting--review this guidance document.
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.
A Note on State Regional Water Board Assistance
Since the State Regional Water Board is the primary NPDES regulator, you might think it would make sense to refer all cases of NPDES noncompliance to them. However they expect municipalities to address day-to-day NPDES violations. In fact, the Regional Board refers complaints they receive from the public to municipalities for follow-up. When this occurs, they expect the municipality to provide them with a full NPDES investigation report.
Still, there are times when you may want--or need--to refer an NPDES violation to the Regional Board for follow-up. They include:
Potential threats to the environment.
Repeated or egregious noncompliance at sites that are covered by their own NPDES Permit.
Cases where your agency has exhausted their own enforcement resources.
