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HomeMy WebLinkAboutItem 8.1 EnforcmntPlcyNPDES Prmt e e CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: March 14, 1994 SUBJECT: Enforcement Policy for City of Dublin I s NPDES Permit Report by: Public Works Director Lee Thompson EXHffiITS ATTACHED: /esolution RECOMMENDATION: ~I..f&t" Adopt resolution approving policy FINANCIAL STATEMENT: None DESCRIPTION: In the 1987 Amendments to the Clean Water Act, Congress broadened the requirements of National Pollutant Discharge Elimination System (NPDES) permits as applied to municipal storm water systems. The Act requires that municipalities obtain NPDES permits for discharges from storm sewer systems, and that all such permits must: 1) include a requirement to effectively prohibit non-storm discharges into storm sewers, and 2) reduce pollutant discharges to the maximum extent possible. By this law, cities are under an afftrmative duty to take action to effectively eliminate non-storm water discharges into their storm water systems. The NPDES permit process is administered by the Regional Water Quality Control Board, which required the City of Dublin to apply as co-permittee for an NPDES permit with Alameda County, Zone 7 of the Alameda County Flood Control District, and the other 13 cities in the County. This permit was granted on October 16, 1991. In order to meet the requirements of the Act, the co-permittees joined together into the Alameda County Urban Runoff Clean Water Program (ACURCWP). Under various agreements, the co- permittees set up an organizational structure of how the program would be run, basically establishing a management committee with representatives from each co-permittee and task-oriented subcommittee structures. Each co-permittee was also required to adopt an implementation ordinance which would give the City authority to effectively prohibit non-storm discharges into the storm water system. On July 8, 1992, the City of Dublin adopted its Storm Water Management and Discharge Control Program (Ordinance 9-92). This ordinance empowered the City to implement pollution control measures and establish discharge regulations, requirements, and enforcement procedures. It also provided for coordination with other programs, procedures for emergency cleanups, and ways to keep the storm system clean in conformance with State and Federal regulations. Dublin has been inspecting and doing enforcement to date on an educational and informal basis until formal procedure could be developed County-wide. In the time since the passage of storm water ordinances by the 14 cities, the ACURCWP committees have developed a minimum enforcement protocol, the purpose of which is to handle discharge violations equitably and consistently throughout the County. This protocol, or policy, is as follows: 1. Warning Notice - Issue for anticipated violations due to poor housekeeping or management practices. A verbal warning is considered a warning notice. Appropriate Best Management Practicers) (BMPs) may be recommended to prevent violation. InspectedfacUity should receive the results of the inspections within seven (7) calendar days from the inspecting agency. Afollow-up inspection may be conducted withinfour (4) weeks as the inspector feels appropriate. II. In/annal Violation - Issue, in writing, for minor violations. The facUity operator shall respond within ten (10) days oj receiving inspection results with the following information: the cause of the violation, corrective actions being taken, and date anticipated for corrective action to he completed. A follow-up inspection is conducted within 45 days of initial inspection. If violations persist, issue formal violation or begin legal action as the inspector feels appropriate. :;;:;::-:;~.~~::it---------~~~~~~------------------------------------------------------------------------ e e III. Fonnal Violation - Issue, in writing, for major violations or if the response to informal violation is inadequate. Facility operator shall respond within ten (10) days of receiving the fonnal violation with the following information: cause of the violation, corrective actions being taken, and date anticipated for corrective action to be completed. If the formal violation is issued because corrective actions for an i"riformal violation were inadequate, the facility operator shall submit a revised compliance schedule withinfifteen (15) calendar days of receiving the formal violation. Follow-up inspection is conducted within 45 days after the facility was last inspected. If the violation is not corrected, refer to City Attorney or County District Attorney. IV. Legal Action - Failure to respond to previous violation notices should be referred to City Attorney for prosecution as a civil action or County District Attorney for prosecution as a misdemeanor or infraction. It should be noted that these are guidelines, and that if appropriate, other agencies, such as State Fish and Game, may need to be contacted if a violation impacts the preserves of that agency. Also, under the City of Dublin's NPDES permit, the City will be held responsible for any non-enforcement of the permit's provisions. In other words, if the City does not enforce the provisions of the Storm Water ordinance, it can be fIned by the Regional Board for violation of the Clean Water Act. Staff recommends that the City Council adopt the resolution approving the policy. a:(NPDES)194-1 le'lforce Page 2 .'.~:'-<:'. e e RESOLUTION NO. -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING MINIMUM ENFORCEMENT PROTOCOL (POLICY) FOR NPDFS PERMIT DISCHARGE VIOLATIONS WHEREAS, the City of Dublin participates in the Alameda County Urban Runoff Clean Water Program (ACURCWP) and is a co-permittee with ACURCWP member agencies under the National Pollution Discharge Elimination System (NPDES); and WHEREAS, the Dublin City Council adopted its Storm Water management and Discharge Control Program (Ordinance 9-92) on July 8, 1992 and was thereby empowered to implement pollution control measures, requirements, regulations, and enforcement procedures; and WHEREAS, ACURCWP staff has developed minimum enforcement protocol in order to handle violations equitably and consistently throughout the County; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Minimum Enforcement Protocol as shown in Exhibit "A." PASSED, APPROVED, AND ADOPTED this 14th day of March, 1994. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a: (npdes) \94-1 lresnJorc ~ - e EXHIBIT" A" MINIMUM ENFORCEMENT PROTOCOL (POLICY) FOR NPDFS PERMIT DISCHARGE VIOLATIONS 1. Warning Notice - Issue for anticipated violations due to poor housekeeping or management practices. A verbal warning is considered a warning notice. Appropriate Best Management Practicers) (BMPs) may be recommended to prevent violation. Inspectedfacility should receive the results of the inspections within seven (7) calendar days from the inspecting agency. Afollow-up inspection may be conducted withinfour (4) weeks as the inspector feels appropriate. II. Infonnal Violation - Issue, in writing, for minor violations. Thefacility operator shall respond within ten (10) days of receiving inspection results with the following infonnation: the cause of the violation, corrective actions being taken, and date anticipated for corrective action to be completed. A follow-up inspection is conducted within 45 days of initial inspection. If violations persist, issue formal violation or begin legal action as the inspector feels appropriate. III. Fonnal Violation - Issue, in writing, for major violations or if the response to informal violation is inadequate. Facility operator shall respond within ten (10) days of receiving the formal violation with the following information: cause of the violation, corrective actions being taken, and date anticipated for corrective action to be completed. If the fonnal violation is issued because corrective actions for an informal violation were inadequate, the facility operator shall submit a revised compliance schedule withinfifteen (15) calendar days of receiving the formal violation. Follow-up inspection is conducted within 45 days after the facility was last inspected. If the violation is not corrected, refer to City Attorney or County District Attorney. IV. Legal Action - Failure to respond to previous violation notices should be referred to City Attorney for prosecution as a civil action or County District Attorney for prosecution as a misdemeanor or infraction.