CONSTRUCTION STORM WATER ENFORCEMENT STANDARD OPERATING PROCEDURE

Similar documents
The City of Florence shall administer, implement, and enforce the provisions of these regulations. Any powers granted or

ENFORCEMENT RESPONSE PLAN (ERP) Spartanburg County South Carolina. October 2014

Chapter 17 ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE

CITY OF SHELBYVILLE ORDINANCE NO. AN ORDINANCE OF THE CITY OF SHELBYVILLE FOR POST DEVELOPMENT STORMWATER MANAGEMENT

STORMWATER DISCHARGE Town of Brunswick. Table of Contents

OKANOGAN COUNTY PUBLIC HEALTH FOOD REGULATION REVISED July 27, 2005

Non-Stormwater Discharge Ordinance

A LOCAL LAW entitled Illicit Discharges to the Town of Guilderland Storm Water System.

Maintaining a Criminal Case as a Regulator

ORDINANCE NO

Chapter 10 BUILDINGS AND BUILDING REGULATIONS*

Model Illicit Discharge and Connection Stormwater Ordinance ORDINANCE NO.

DOWNLOAD MATERIAL FOR CE COURSE 10/20/2017

RESOLUTION NO. REGULATIONS GOVERNING THE USE OF THE COUNTY RIGHT-OF-WAY

Illicit Discharge and Connection Stormwater Ordinance Ordinance No. 769 Adopted September 8, 2014

ORDINANCE NO. 33 PENINSULA TOWNSHIP STORM WATER CONTROL ORDINANCE. Description of Purpose and Nature:

REGULATION OF THE SANITARY SEWER DISTRICT OF WAUKEE, IOWA, PROVISIONS FOR SEWER RENTAL AND REGULATION CONNECTIONS WITH THE CITY SANITARY SEWER SYSTEM.

LICKING COUNTY GENERAL HEALTH DISTRICT PLUMBING REGULATIONS

Sewage Disposal ARTICLE II SEWAGE RETAINING TANKS

The Nakuru County Child Care Facilities Bill, 2014 THE NAKURU COUNTY CHILD CARE FACILITIES BILL, 2014 ARRANGEMENT OF CLAUSES PART I PRELIMINARY

Enforcement Response Plan

CHAPTER 20 NON-METALLIC MINING RECLAMATION

CHAPTER 34 NUISANCES ARTICLE I. - IN GENERAL ARTICLE II. - GENERAL NUISANCE ABATEMENT PROCEDURE

CHAPTER IV SMALL ON-SITE WASTEWATER SYSTEMS. 4.1 Purpose: The regulations in this chapter are enacted for the purpose of regulating

Definitions Permit and Exemptions

CHAPTER 115: CONTRACTORS LICENSING

LAWRENCE COUNTY HEALTH DEPARTMENT WASTEWATER TREATMENT SYSTEMS ORDINANCE REVISED

RULES GOVERNING THE CONSTRUCTION, USE, OPERATION, AND MAINTENANCE OF DISPOSAL SYSTEMS WITHIN ANY AREA OF JEFFERSON COUNTY, IOWA

74th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 149

TOWN OF BRUNSWICK. Local Law No. 6 for the Year 2007

Spartanburg Water System Lake Blalock Application for Landowner s Access Permit and for Other Permits

ORDINANCE NO CHAPTER 71 EROSION AND SEDIMENT CONTROL FOR CONSTRUCTION SITES

Standard of Conduct for Student Organizations Adapted from Missouri University of Science and Technology

Storm Water Enforcement Response Plan Sewerage & Water Board of New Orleans Storm Water MS4 Permit Revised February 18, 2014

Definitions. [NOTE: MOVE DEFINITIONS TO FIRST SECTION.]

CITY OF DUNES CITY LANE COUNTY, OREGON ORDINANCE NO. 206

The National Energy Board s Enforcement Policy

ORDINANCE NO WHEREAS the Ivins City Council previously adopted a Storm Water Management Program; and

LAKE OF THE OZARKS PERMIT No. Activity: DOCK Sq. Ft.: Slips: Organization: Lake Mile: Township: Name: County: Range: Legal Desc.

MARYLAND DEPARTMENT OF THE ENVIRONMENT GENERAL PERMIT FOR CONSTRUCTION ACTIVITY General NPDES Permit Number MDR10 State Discharge Permit Number 03 GP

Chapter 1. TECHNICAL STANDARDS AND SAFETY ACT (Assented to March 6, 2002)

HALIFAX REGIONAL MUNICIPALITY BY-LAW NUMBER T-600 BY- LAW RESPECTING TREES ON PUBLIC LANDS

CITY OF ABBOTSFORD CONSOLIDATED FIREWORKS BYLAW, Bylaw No AMENDMENTS

COLES COUNTY FOOD SANITATION ORDINANCE

TITLE I: GENERAL PROVISIONS

ARTICLE 2.0 ADMINISTRATION AND ENFORCEMENT

CHAPTER 159 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL

ORDINANCE NO. 906 AN ORDINANCE AMENDING THE ATHENS MUNICIPAL CODE BY REVISING CHAPTER 2 OF TITLE 16 IN ITS ENTIRETY.

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

ARTICLE VI. SOIL EROSION AND SEDIMENTATION PREVENTION*

CHAPTER 1 ADMINISTRATION

22 CCR Denial of a Renewal License. 22 CCR Deficiencies in Compliance.

Ga Comp. R. & Regs Legal Authority. Ga Comp. R. & Regs Title and Purposes.

SECOND AMENDED AND RESTATED BYLAWS OF THE STONE CLIFF OWNERS ASSOCIATION, INC.

Water Resources Protection Ordinance

Environmental Health Division 2000 Lakeridge Drive SW Olympia, WA PUBLIC HEALTH AND SOCIAL SERVICES DEPARTMENT.

STARK COUNTY PRIVATE SEWAGE DISPOSAL ORDINANCE

RULES AND REGULATIONS CHAPTER ONE. GENERAL PROVISIONS

SOIL REMOVAL BYLAW

Case 2:09-cv JCC Document 103 Filed 08/19/11 Page 1 of 19 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ORDER

CHAPTER 9 BUILDING REGULATIONS

HENRY COUNTY PRIVATE SEWAGE DISPOSAL ORDINANCE

ITEM 1 CALL TO ORDER ITEM 2 ROLL CALL ITEM 3 PUBLIC COMMENT ITEM 4 DISCUSSION SAMPLE ORDINANCE REGULATING SHOPPING CARTS ITEM 5 PUBLIC COMMENT

Environment Protection (Sea Dumping) Act 1981

BUSINESS REGULATIONS JUNK DEALERS, JUNK YARDS AND PLACES FOR THE DISMANTLING OF AUTOMOBILES ORDINANCE NO. 1

BLDG. CONSTR. & FIRE PREV. LOCAL LAW BUILDING CONSTRUCTION AND FIRE PREVENTION

YORK COUNTY SOLID WASTE AND REFUSE AUTHORITY RECYCLABLE MATERIALS REGISTRATION RULES AND REGULATIONS

Article 4: Sewers. Division 7: Food Establishment Wastewater ( Food Establishment Wastewater added 7-1 I I4 N.S.)

Guidelines for Submittals for Land Disturbance Permits

CITY OF ABBOTSFORD CONSOLIDATED BLASTING REGULATION BYLAW, Bylaw No AMENDMENTS

WEST VIRGINIA STATE REGISTRATION LAW FOR LANDSCAPE ARCHITECTS CHAPTER 30, ARTICLE 22 OF THE WEST VIRGINIA CODE (AS AMENDED)

Engineering Permit Application

O AN ORDINANCE AMENDING TITLE 5 OF THE LAKEWOOD MUNICIPAL CODE TO ADD A NEW CHAPTER 5.56 ESTABLISHING A LODGING FACILTY LICENSING PROGRAM

The following is a summary of Senate Bill 915 adapted from information provided by the Oregon Building Codes Division (BCD) and League staff:

CHAPTER 38: CODE ENFORCEMENT

CITY OF MUSKEGO CHAPTER 15 - ELECTRICAL CODE (Ord. # )

Administrative Citation Procedure

AGREEMENT AND LICENSE TO ENCROACH UPON A PUBLIC RIGHT-OF-WAY. THIS AGREEMENT entered into this day of. 20, between METRO TOWNSHIP, a municipal

Content Copy Of Original

ILLICIT STORM WATER DISCHARGE

ORDINANCE. By Frey. Amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations.

TRENCH PERMIT PETITION Lawrence, Massachusetts [Ord. Secs and 12.30

The Board of Supervisors of the County of Riverside, State of California, ordains that this Ordinance is amended in its entirety to read as follows:

Chapter 132 STREETS AND SIDEWALKS. ARTICLE I Street Openings and Excavations

PENN TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA ORDINANCE NUMBER HOLDING TANKS

HEALTH AND SAFETY CODE TITLE 2. HEALTH SUBTITLE G. LICENSES CHAPTER 141. YOUTH CAMPS

MARYLAND DEPARTMENT OF THE ENVIRONMENT GENERAL PERMIT FOR STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY

ORDINANCE NO (b) Authority of Permitting Officer. The permitting officer is hereby authorized to accept or deny applications.

Adopted by County Board Action County of Renville Olivia, Minnesota

SECTION 9. FEEDLOT REGULATIONS

ATTACHMENT C RENEWABLE WATER RESOURCES ENFORCEMENT MANAGEMENT STRATEGY

POLLUTION PREVENTION AND CLEAN-UP BYLAW NO. 8475

Work Health and Safety Act 2011 No 10

CHAPTER 3. Building Code

COMMONWEALTH OF PENNSYLVANIA POSTING AUTHORITY EXCESS MAINTENANCE AGREEMENT

Be it enacted by,the Senate and House of Representatives of the Philippines in Congress assembled: H. No S. No. 2393

POULTRY SLAUGHTERING BUSINESS CONTROL AND POULTRY INSPECTION LAW

(6) The adulteration or contamination of any pesticide sold in this state. (8) Violations of a stop order issued by the commissioner.

Chapter XV. Utilities

SEBASTIAN COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT. Proposed Rules

Transcription:

1. PURPOSE CONSTRUCTION STORM WATER ENFORCEMENT STANDARD OPERATING PROCEDURE a. Develop standard escalating enforcement procedures to minimize the occurrence of and obtain compliance from violators on Construction Sites. 2. ENFORCEMENT ACTION DEFINITIONS a. SWPPP Corrective Action Notice A formal notice using the SWPPP Compliance Inspection Form that informs a contractor of the status of compliance with State permit regulation or City ordinance/code. It is used to inform the contractor of any violations and demands items be corrected according to a schedule defined by the inspector that is usually no longer than 7 calendar days. After all SWPPP Corrective Action Notices have been addressed a follow up inspection and passing report is issued to the construction sites SWPPP contact. b. Notice of Noncompliance/Notice to Correct (NTC) A formal notice that informs a person, business, or other entity that requirements of any of the following have been violated: Title 7 Health and Safety Title 9 Land Use and Redevelopment Regulations Title 11 Streets and Public Improvements Title 16 City Utilities Title 18 Land Disturbance Permit Jordan Valley Municipalities Permit (No. UTS000001) Utah General Construction Permit (No. UTRC00000) Salt Lake County Code of Ordinances Per Draper City Code 18 6 030: Whenever a violation is discovered that can be corrected and the responsible permit holder has not been issued a previous notice of noncompliance/notice to correct or notice of violation for the same violation within the past twelve (12) months, the enforcement authority shall issue a notice of noncompliance/notice to correct in order to notify the responsible person of the violation and to order that the violation be corrected within a reasonable time. The notice may include a stop work order that orders the responsible person to immediately cease all work.

Generally, a NTC is issued after educating and following up with the person, business, or other entity, or after a SWPPP Corrective Action Notice has been issued, and the violation is not adequately addressed. A NTC demands that activities causing the violations cease and be corrected according within 14 calendar days. c. Notice of Violation (NOV) A formal non criminal and non monetary notice that informs a person, business, or other entity that requirements of the State permit or City ordinance/code has been violated. Per Draper City Code 18 6 040: A. A notice of violation may be issued under any of the following circumstances: 1. When the violation cannot be corrected; 2. A notice of noncompliance/notice to correct has been served, and the specified time has passed without adequate correction of the violation; 3. When a stop work order has been issued and has not been complied with by the responsible person; or 4. When the same violation has been committed by the same responsible permit holder within the past twelve (12) months for which a notice to correct or notice of violation has been served on the responsible person within that same twelve (12) month period. B. The notice of violation shall be in writing and set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation, and the rights that the responsible person has to appeal the notice of violation. Generally a NOV is issued after a NTC is disregarded, as documented by the inspector. The NOV demands that activities causing the violations cease and be corrected within 7 calender. d. Suspension or Revocation of Land Disturbance Permit (SRLDP) An action that prohibits forward progression of a project by suspension or revocation of Land Disturbance Permit. Per Draper city Code 18 6 050: The city engineer may suspend or revoke a land disturbance permit and/or suspend any land disturbance activity if: A. Conditions at the site vary from those shown on the approved plans; B. Construction does not conform to the approved plans, time schedules, or conditions of the land disturbance permit;

C. The work does not comply with applicable ordinances, rules, regulations and standards; D. The site is left in a condition hazardous to the public or to the adjacent properties, and the land disturbance permit holder does not comply with reasonable requirements to correct said conditions; E. The land disturbance permit holder does not comply with reasonable requirements to safeguard the workers, the public, or other persons acting in a lawful manner; F. The land disturbance permit holder, in connection with the operations for which the land disturbance permit was issued, fails to operate equipment properly on public roads; allows material to encroach into, obstruct, or be deposited within a public road right of way or within a drainage channel in a manner not authorized by said land disturbance permit; or causes unauthorized obstruction or diversion of drainage channels; G. The land disturbance permit holder fails to have a qualified, city approved inspector working under the supervision of a civil engineer on the site during operations, when so required by the land disturbance permit, or fails to have the work under proper supervision; or H. Emergency conditions exist on the site, which constitute a threat to health, safety or public welfare, whether or not caused by the actions of the land disturbance permit holder. Generally, a SRLDP is ordered after an NOV has been disregarded, as documented by the inspector. A SRLDP is generally administered by the City Engineer. e. Stop Work Order (SWO) A formal notice that informs a person, business, or other entity that requirement of the State permit or City ordinance/code has been violated and demands that the entire project cease. However, all unsafe conditions, pollution control Standard Operating Procedures BMPs, any disruption to the Right of Way or any affected private property shall be restored to acceptable use prior to leaving the project site. Per Draper City Code 18 6 130: Nothing herein is to be construed as indicating that the city cannot immediately stop the work being performed if, in the opinion of the city engineer, the damage being done is of such a nature that it requires immediate cessation of the work. This could result in the bypassing of the normal processes of notices and increasing levels of enforcement which will typically be followed. Generally, a SWO is issued after an SRLDP continues to be disregarded. A SWO is generally administered by an inspector, engineer, City Engineer, or Public Works Director

f. Citation A formal notice that informs a person, business, or other entity that requirements of the State permit or City ordinance/code has been violated and serves notice of possible fines and criminal charges. Generally, a Citation is issued after NTCs, NOV, SRLDPs, or SWO have been issued. However, a Citation may be issued without prior warning for violations that have a significant impact on water quality, pose physical hazard or public nuisance. A Citation may be issued for each violation, each day the site is in violation. A citation may be issued by the Police Department and Code Enforcement. 3. CONSTRUCTION ENFORCEMENT a. The inspector is to communicate (verbal, email, letter, etc.) with the Contractor regularly through the permit term to achieve understanding of the State permit regulation and City ordinance/code requirements. Generally, all communication is to be recorded on the SWPPP Compliance Inspection Form for UPDES permitted and for non UPDES permit projects. b. SWPPP Corrective Action Notice is provided to the Contractor using the SWPPP Compliance Inspection Form for UPDES permitted and non permitted projects and via email. The notice should include correction deadlines. The notice can include language that informs and educates if it is effective at correcting the violations. c. The inspector is to follow up and communicate with the Contractor to confirm that Corrective Action Notice items have been addressed. The inspector should evaluate understanding or expected understanding and issue a Warning Notice (via letter or email) as necessary. The Warning Notice should include correction deadlines and a warning that if not addressed adequately, further enforcement may be required including but not limited to NTC, NOV, SRLDP, SWO, and Citation. d. Generally, ample warning and communication should occur prior to issuing further enforcement actions. If the Contractor continues to disregard warnings and communications, the inspector should generally exercise the use of non criminal enforcement actions, including but not limited to NOVs, NTCs, SRLDPs, and SWOs in this order, to obtain compliance and the restitution of damages. If non compliance and damages continue, Citations that can result in a criminal record may be exercised. However, immediate enforcement may be applied for violations that are severe, including but not limited to intentional dumping of material that will do harm or allowing of this material to contaminate by neglect. e. Per the Memorandum of Understanding (MOU) between Salt Lake County Health Department (SLCoHD) and Sandy City, the Salt Lake County Health Department (SLCoHD) is to be contacted for any incidents involving spills, releases or the discharge of pollutants, contaminants, or wastes into the waterways or drainage system. SLCoHD will respond and the incident, work with the responsible party to ensure the spill and/or discharge are remediated, and initiate appropriate enforcement actions as needed. 4. DOCUMENTATION a. Documentation of all enforcement shall be completed as indicated above.

b. Records of enforcement shall be kept for 5 years or until construction is completed, whichever is longer.