HomeMy WebLinkAboutReso 038-94 NPDES Policy RESOLUTION NO. 38-94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING MINIMUM ENFORCEMENT PROTOCOL (POLICY)
FOR NPDES 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 251h day of April, 1994.
AYES: Councilmembers Burton, Houston, Howard, Moffatt
and Mayor Snyder
NOES: None
ABSENT: None
a: (npdes) ~94-1 iresnforc
EXHIBIT "A"
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MINIMUM ENFORCEMENT PROTOCOL (POLICY)
FOR NPDES PERMIT DISCHARGE VIOLATIONS
Warning Notice - Issue for anticipated violations due to poor housekeeping or management
practices. A verbal warning is considered a warning notice. Appropriate Best Management
Practice(s) (BMPs) may be recommended to prevent violation. Inspected facility shouM
receive the results of the inspections within seven (7) calendar days from the inspecting agency.
A follow-up inspection may be conducted within four (4) weeks as the inspector feels
appropriate.
Informal Violation - Issue, in writing, for minor violations. The facility operator shah
respond within ten (10) days of receiving inspection results with the following information: 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.
Formal 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 formal violation
is issued because corrective actions for an informal violation were inadequate, the facility
operator shall submit a revised compliance schedule within fifteen (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.
Legal Action - Failure to respond to previous violation notices shouM be referred to City
Attorney for prosecution as a civil action or County District Attorney for prosecution as a
misdemeanor or infraction.