HomeMy WebLinkAboutEnforcement Response Plan (ERP) 2023
2024
City of San Luis Obispo
Stormwater Program
Enforcement Response Plan
Purpose
The purpose of the Enforcement Response Plan (ERP) is to provide guidance to City of
San Luis Obispo (City) Staff when enforcing San Luis Obispo Municipal Code Chapter
12.08 – Urban Storm Water Quality Management and Discharge Control (Ordinance).
This document should be used only as a guide while recognizing that each violation is
unique. The provisions of this ERP are not mandatory. Actual enforcement procedures
should abide by Ordinance requirements while considering any unusual aspects of a
violation or condition, as well as special characteristics of an enforcement action, in
determining the proper response.
While the purpose is to provide guidance for administration of the Ordinance, it is not
intended to limit the judgment and flexibility of the Utilities Director, Public Works Director,
or Community Development (Director) in determining an appropriate response. This ERP
contains the type of enforcement actions, the City ’s responses to violations, and a
description of how the City will address continuing violations and the escalated
enforcement action process to achieve compliance.
This ERP was prepared in accordance to the State Water Resources Control Board’s
(SWRCB) Statewide General Permit CAS000004 Waste Discharge Requirements for
Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4 s),
Order No. 2013-0001-DWQ “Phase II Municipal General Permit” to fulfill the
implementation requirements within Section E.6.c Enforcement Measures and Tracking,
E.9.d Illicit Discharge Detection and Elimination, Source Investigations and Corrective
Actions and E.9.e Spill Response Plan, E.10.c Construction Site Inspection and
Enforcement, E.12.h Operation and Maintenance of Post -Construction Storm Water
Management Measures and E.12.i Post-Construction Best Management Practice
Condition Assessment.
I. Administration §12.08.050
The director shall administer, implement, and enforce the provisions of the Ordinance.
The following table shows the department and section responsible for enforcing each
section of the Ordinance.
Utilities Community Development
Stormwater Manager Code Enforcement
12.08.090
12.08.100
12.08.110
12.08.120
12.08.130
12.08.140 (Industrial Activities)
12.08.180
12.08.190
12.08.200
12.08.210
12.08.220
12.08.140 (Construction Activities)
12.08.150
12.08.160
12.08.170
12.08.220
If the City finds that a person has violated a prohibition or failed to meet a requirement of
the Ordinance, the Director may order compliance by written notice of violation to the
responsible person in accordance with 12.08.230 . Violations of the Ordinance may be
remedied using the procedures set forth in the Ordinance. These provisions shall be in
addition to all other legal remedies, criminal or civil, which may be pursued by the City to
address any violations of this title.
II. City Inspections §12.08.220
The City will conduct inspections of permitted or unpermitted sites, activities or projects
to assess compliance with the Ordinance. Whenever necessary to make an inspection to
enforce any provision of the Ordinance, or whenever the Director has cause to believe
that there exists, or potentially exists, in or upon any premises any condition which
constitutes a violation of this chapter, the Director may enter such premises at all
reasonable times to inspect the same and to inspect and copy records related to
stormwater compliance. In the event the property owner of record or occupant refuses
entry after a request to enter and inspect has been made, t he City is hereby empowered
to seek assistance from any court of competent jurisdiction in obtaining such entry.
1 MS4 – Municipal Separate Storm Sewer System. “A conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains which are owned or operated by the city a nd designed or
used for collecting or conveying storm water.
III. Escalating Enforcement Actions §12.08.230 – 290
It is the discretion of the Director to determine which level of enforcement is most
appropriate for the situation based on the severity of the issue, urgency of abatement,
any prior enforcement history, and other factors (Refer to Attachment 1 for the
Enforcement Response Plan Process Flowchart).
As set forth in the Ordinance, and in keeping with the enforcement processes identified
in the Ordinance in use by the Director, the following are the types of actions that may
be implemented and their use. This list is intended to identify the type of enforcement
responses based on the type of violation and should not be considered all inclusive.
A. Verbal Warning
Note: Verbal warnings (telephone call, informal “in -person” meeting or during an
inspection) must be documented within inspection reports/field notes.
Verbal warnings are most effective for first time, minor offenses with threatened
discharge but no immediate harm to life, property and/or the environment, and typically
in conjunction with technical assistance/education that will remedy the offense.
A minor violation of the Ordinance may be resolved through a verbal warning to advise
the property owner of record, operator and/or responsible party of the nature of the
violation to the Ordinance and the required corrective action to obtain the desired
compliance to be completed as soon as possible, same-day or within 24 hours in most
cases, and/or no later than the agreed upon schedule compliance date.
In lieu of the City’s follow -up inspection, the property owner of record, operator and/or
responsible party can submit electronically written and photographic evidence
demonstrating actions to the City inspectors no later than the scheduled compliance date
either determined at the time of inspection or through an approved written request of
extension submitted by the owner of record, operator and/or responsible party.
Examples of violations when a Verbal Warning may be utilized:
• Construction site BMPs installed incorrectly, show signs of an imminent failure,
or pollutants have potential to enter MS41.
• Pressure washing that has not reached the MS4 yet.
• Trash or outdoor storage of materials in which pollutants have yet to enter MS4 ,
but when it rains, would cause pollution.
B. Notice of Violation/Notice to Correct §12.08.230, 250, 260
Note: The notice of violation (NOV) or notice to correct (NTC) must be sent via electronic
transmission, US mail, or hand deliver the written notice in-person to the property
owner of record, operator and/or responsible party during or after the inspection.
A NOV/NTC is an official notification to advise the property owner of record, operator, or
responsible party of the nature of the violation to the Ordinance and the required
corrective/abatement actions to obtain desired compliance including the date of the City’s
follow-up inspection and/or no later than the agreed upon schedule compliance date as
well as notice of potential escalated enforcement measures for non-compliance.
In lieu of the City’s follow-up inspection, the property owner of record, operator and/or
responsible party can submit electronically written and photographic evidence
demonstrating corrective actions to the City inspectors no later than the agreed upon
scheduled compliance date either determined at the time of inspection or through an
approved written request of extension submitted by the owner of record, operator and/or
responsible party.
Effectively used in all cases and typically prior to the issuance of any escalated
enforcement measure.
Examples of violations when a NOV/NTC may be utilized:
• Construction site has BMPs that are insufficient or failing and pollutants have
entered the MS4.
• Pressure washing that has entered the MS4.
• Trash or outdoor storage of materials has led pollutants entering the MS4.
• Failure to submit PCRs Annual Self-Inspection on-time
C. Administrative Citations (Fines) §12.08.230(A)(6) §12.08.280(B)
Note: The amounts of the fines for code violations imposed pursuant to SLOMC Title 1 –
General Provisions shall be set forth in the schedule of fines established by resolution of
the City Council.
Prior to issuing an administrative citation the Director shall give notice of the violation, and
if the violation may be corrected, shall grant a reasonable time, at the discretion of the
Director, within which to correct the violation. No more than one notice and opportunity to
correct need be given to a responsible party for a reoccurring violation.
If an administrative citation is issued in accordance with SLOMC Title 1 – General
Provisions the fines will be assessed per violation as follows:
1. A fine not exceeding one hundred dollars ($100.00) per day for a first violation.
2. A fine not exceeding two hundred dollars ($200.00) per day for a second violation
of the same code provision or permit within one year from the date of the first
violation.
3. A fine not exceeding five hundred dollars ($500.00) per day for each additional
violation of the same code provision or permit within one year from the date of the
first violation.
Any person who fails to pay to the city an administrative citation fine on or before the date
the fine is due shall be liable for interest accrued at a rate of eight percent per month until
paid. [§1.24.070(C)]
Payment of a fine shall not excuse or discharge any continuation or repeated occurrence
of the violation that is the subject of the administration citation. Fines may be assessed
per violation, per day and are very effective for immediate punitive purposes for on-view
violations, or cases where at least one notice of violation was issued .
D. Stop Work Orders §12.08.150(E) §12.08.160(B) §12.08.260(B)
The Stop Work Order (SWO) is a notice posted by the City on a construction site which
informs the property owner or operator and/or responsible party that a work performance
violation has been issued in accordance with SLOMC Title 12 Streets, Sidewalks and
Public Places, Chapter 12.04 Street Construction and Excavation and/or revocation or
suspension of any permit granted under this title . Such stop order shall be in writing and
shall be effective immediately upon personal delivery to the person in charge of the work
at the construction site. Upon such delivery of such stop order, all further work shall be
immediately stopped, other than such work as is immediately necessary for the
preservation of life, property, or the environment, and shall not be recommenced until
written permission therefor is granted by the Director.
In accordance with SLOMC, any person who shall continue any work after having been
served with a SWO, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to the penalties and code enforcement
procedures set forth in SLOMC Title 1 – General Provisions.
E. Withholding of Plan Approvals or Other Authorizations §1.24.050(E)
If the City finds a facility non-compliant with any enforcement action or the Ordinance, the
City may withhold any current or future development plan approvals permits related to the
subject property should the violator not complete corrective efforts to the satisfaction of
the City, which may include, but is not limited to: cleanup, abatement of discharge, and
installation/ maintenance of appropriate best management practices (BMPs).
It is unlawful for any person to violate any provision of, or to fail to comply with, any
requirements of the SLOMC. Any person violating the provisions or failing to comply with
any of the mandatory requirements of the SLOMC shall be guilty of an infraction or
misdemeanor as specified in the SLOMC.
F. Public Nuisance §12.08.120(B-C) §12.08.280(A)
If the City determines that any condition caused or permitted to exist in violation of any of
the provisions of the Ordinance is a threat to public health, safety, and welfare, and is
declared and deemed a nuisance, and may be summarily abated or restored by the City
at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken by the City. The Director may require the
permittee to take reasonable measures to abate such nuisance and may revoke or
suspend the permit until such measures are taken.
Examples of incidents when a public nuisance:
• Sidewalk cross drainage §12.08.120(B)
• Drainage to public facilities or drainage to the street which creates a slick surface
as a result of organic growth §12.08.120(C)
G. Property Lien §12.08.270(C)
If the city has incurred costs to abate a violation and the costs are not paid in full within
ten days, the costs shall become a special assessment against the property and shall
constitute a lien on the property. The information shall be provided to the county auditor
so that the auditor may enter the amount of the assessment against the pro perty, as it
appears on the current assessment roll, and the tax collector include the amount of the
assessment on the bill for taxes levied against the property. The lien shall remain in effect
until full payment for outstanding principal, penalties, and cost related to the l ien are paid
in full.
Examples of incidents when a property lien may be exercised:
• Failure to pay costs of abatement
H. Misdemeanors §12.08.280(B) and §1.12
It is unlawful for any person to violate any provision of, or to fail to comply with, any
requirements of the Ordinance . Any person violating the provisions or failing to comply
with any of the mandatory requirements of the Ordinance shall be guilty of a misdemeanor.
All violations may be prosecuted by city authorities in the name of the people of the state,
or redressed by civil action.
IV. Continued Violations §1.24.050(D)
It shall constitute a new and separate offense for each and every day during any portion of
which a violation of, or failure to comply with, any provision or requirement of the SLOMC
is committed, continued, or permitted by any person, and shall be punished accordingly.
The City may also refer the ongoing violation to the Central Coast Regional Water Quality
Control Board (CCRWQCB) within 30 days of making that determination or file a complaint
on the SWRCB’s website: http://www.dtsc.ca.gov/database/CalEPA_Complaint /index.cfm .
A. Recidivism Reduction
Chronic violators shall be identified and the frequency of inspections at the
operator’s sites shall be increased to prevent chronic violations.
B. Business Licenses and Working in the Right-of-Way §12.08.280(B)
Continued violation of, or failure to comply with, any of the requirements of the
Ordinance may subject violators to revocation of their business license, and/or for
persons seeking to work in the right-of-way or a prohibition from working within the
right-of-way for a period of two years.
C. NPDES Permit Referrals – Non-filers or Ongoing/Continued Violations
1. Construction Activity
If the City determines that an construction activity is subject to the Construction
General Permit (CGP) and the property owner of record or operator and/or
responsible party cannot demonstrate permit coverage under the CGP or has an
ongoing stormwater discharge violation with their CGP and if the City has made a
good-faith effort of progressive enforcement to achieve compliance with the City’s
Ordinance that includes at minimum the documentation of two follow -up
inspections and two warning letters or notices of violation, the City shall refer the
CGP non-filer to the Central Coast Regional Water Quality Control Board
(CCRWQCB) within 30 days of making that determinatio n, or file a complaint on
the SWRCB’s website: http://www.dtsc.ca.gov/database/CalEPA_Complaint
/index.cfm.
When referring a construction activity non-filer to the CCRWQCB, the City must
include at a minimum the following documentation:
1. Construction project location;
2. Name of owner or operator;
3. Estimated construction project size; and
4. Records of communication with the owner or operator regarding filing \
requirements or violation including the last two follow-up inspections, two
notices of violation or administrative citations, and any response from the
owner or operator.
2. Industrial Activity
If the City determines that an industrial activity is subject to the Industrial General
Permit (IGP) and the property owner of record or operator cannot demonstrate
permit coverage under the IGP or has an ongoing stormwater discharge violation
with their IGP and if the City has made a good faith effort of progressive
enforcement to achieve compliance with the City’s Ordinance that includes at
minimum the documentation of two follow-up inspections and two waring letters or
notices of violations, the City shall refer the IGP non-filer to the CCRWQCB within
30 days of making that determination, or file a complaint on the SWRCB’s website:
http://www.dtsc.ca.gov/database/CalEPA_Complaint /index.cfm .
When referring an industrial activity non-filer to the CCRWQCB, the City must
include at a minimum the following documentation:
1. Industrial facility location;
2. Name of owner or operator;
3. Type of Industrial activity (including the Standard Industrial or the North
American Industry Classification, if known );
4. Records of communication with the owner or operator regarding filing
requirements or violation including the last two follow -up inspections, two
warning letters or notices of violation, and any response from the owner or
operator
V. Civil Action
In cases where any person violates any provision of the Ordinance or fails to comply with
any of the requirements of the Ordinance may be summarily abated or restored by the city
at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of activity giving rise to the violation.
Any property owner or operator and/or responsible party who violates the Ordinance may
also be in violation of the Clean Water Act and/or the Porter -Cologne Act and may be
subject to the sanctions of those acts including civil and criminal penalties. Any
enforcement action authorized under the Ordinance shall also include written notice to the
violator of such potential liability.
VI. Enforcement Tracking
The City will document and track all enforcement actions within an electronic database .
The enforcement tracking will include, at a minimum the following:
1. Name of property owner/operator;
2. Location of construction project, industrial facility, or where the violation occurred ;
3. Description of violation;
4. Required schedule for returning to compliance;
5. Description of enforcement response used, including escalated response if repeat
violations occur or violations are not resolved within the time specified in the
enforcement action;
6. Accompanying documentation of enforcement response (e.g., notices of non -
compliance, notices of violation, etc.); and
7. Any referrals to different departments or agencies.
Attachment 1
Enforcement Response Plan Process Flowchart