H2. Resolution 5948 - Stormwater Response PlanKALISPELL
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903
Telephone: (406) 758-7701 Fax: (406) 758-7758
MEMORANDUM
To: Doug Russell, City Manager
From: Susie Turner, P.E. Public Works Director
Meeting Date: November 18, 2019
Re: Resolution 5948 - Enforcement Response Plan for Stormwater Management
BACKGROUND: In accordance with the General Permit for Storm Water Discharges
Associated with Small Municipal Separate Storm Sewer System (MS4), issued by the Montana
Department of Environmental Quality (DEQ), the City of Kalispell (the City) is required to
develop and implement an Enforcement Response Plan (ERP) to ensure compliance with
stormwater regulations.
The objective of stormwater management Enforcement Response Plan is to specify criteria by
which City personnel can determine the enforcement action most appropriate for instances of
non-compliance and communicate how the enforcement tools available to City personnel will be
used to achieve compliance following violations of the City's stormwater regulations.
The proposed Enforcement Response Plan for stormwater management is referenced in Article 5
Enforcement, Penalties, and Exemptions within Stormwater Ordinance 1831, and addresses MS4
minimum control measures requirements for Illicit Discharge Detection and Elimination,
Construction Site Stormwater Management, and Post -Construction Site Stormwater
Management.
Staff presented an overview of Stormwater Ordinance 1831, the Enforcement Response Plan,
and the new post -construction stormwater management program at the September 23, 2019
Work Session. A public hearing was held at the October 21, 2019 Council Meeting and no public
comment was received on the proposed Ordinance or supporting documents. Council
unanimously approved the 1st reading of Stormwater Ordinance 1831, at the November 4th
Council Meeting.
Before Council tonight is the recommendation to adopt Resolution 5948, a resolution which
supports Stormwater Ordinance 1831, and satisfies the requirements of the State's MS4 permit.
ACTION REQUESTED: Motion and vote to approve Resolution 5948 -Enforcement Response
Plan for Stormwater Management
ALTERNATIVE: As suggested by City Council.
ATTACHMENTS: Resolution 5948 with Exhibit A, Enforcement Response Plan — Stormwater
Management
RESOLUTION NO. 5948
A RESOLUTION TO ADOPT AN ENFORCEMENT RESPONSE PLAN FOR
STORMWATER MANAGEMENT PURSUANT TO FEDERAL AND STATE LEGAL
REQUIREMENTS AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has been in compliance with MCA § 75-5-101 et seq. and
ARM §§ 17.30.1101; 17.30.1301 et seq. and 17.30.1401 et seq. for Storm Water
Discharge Associated with Small Municipal Separate Storm Sewer System
(commonly referred to as "MS4" permitting) since meeting the population
threshold of the statute; and
WHEREAS, Ordinance No. 1831 was considered by the City Council for the purpose of
maintaining ongoing compliance with the above described statutes and
regulations and was approved on second reading by the City Council on
November 18, 2019; and
WHEREAS, pursuant to MS4 permit regulation, the City is further required to develop and
implement an Enforcement Response Plan (ERP) to ensure compliance with
stormwater regulations; and
WHEREAS, upon consideration of the recommendations made by the City public works
professional staff, and upon review of the proposed ERP, the City Council of the
City of Kalispell finds that it is in the best interest of the City to adopt the
Enforcement Response Plan for Stormwater Management as set forth in Exhibit
"A", attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Enforcement Response Plan for Stormwater
Management, attached hereto as Exhibit "A", shall be and is hereby
approved and adopted and shall be implemented by the City of Kalispell
until hereafter amended or replaced. Exhibit "A" shall be made available
to the public upon request at the city offices of Public Works.
SECTION 2. This Resolution shall become effective 30 days after passage by the City
Council and approval by the Mayor to coincide with the effective date of
Ordinance No. 1831.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 18TH DAY OF NOVEMBER, 2019.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
Resolution 5948, Exhibit A
KALISPELL
ENFORCEMENT- " RESPONSE PLAN
FOR STORMWATER MANAGEMENT
CITY OF KALISPE, _, MONTANA
November 2019
ntroduction
In accordance with the General Permit for Storm Water Discharges Associated with Small Municipal
Separate Storm Sewer System (MS4), issued by the Montana Department of Environmental Quality (DEQ),
the City of Kalispell (the City) is required to develop and implement an Enforcement Response Plan (ERP)
to ensure compliance with stormwater regulations. The purpose of this ERP is to specify criteria by which
City personnel can determine the enforcement action most appropriate for instances of non-compliance
and communicate how the enforcement tools available to City personnel will be used to achieve compliance
following violations of the City's stormwater regulations. This document addresses the Montana DEQ MS4
General Permit's ERP requirements for the following Minimum Control Measures (MCM's):
MCM 3: Illicit Discharge Detection and Elimination (Part II.A.3.d.iv.)
MCM 4: Construction Site Storm Water Management (Part II.A.4.a.iii.)
MCM 5: Post -Construction Site Storm Water Management in New and Redevelopment (Part
II.A.5.a.iii.)
The enforcement actions and procedures within this plan are generally applicable to each of the three
MCMs listed above; however, enforcement actions and procedures which are specific to an individual MCM
are addressed within the attachments, listed as follows:
• Attachment A: Illicit Discharge Detection and Elimination
• Attachment B: Construction Site Storm Water Management
• Attachment C: Post -Construction Site Storm Water Management in New and Redevelopment
The procedures within this ERP have been developed with the following objectives in mind:
• Prevent pollutants from entering the MS4 and causing environmental harm
• Communicate definitions for non-compliance
• Establish appropriate enforcement action based on the nature and severity of the violation
• Promote consistent and timely use of enforcement tools
• Ensure that violators return to compliance in a timely manner
• Recover costs incurred by the City due to operator non-compliance
• Promote compliance through education and compliance assistance first and, if necessary,
penalties second
The City of Kalispell has the authority to enforce stormwater regulations under the following sections of its
municipal code:
Enforcement Response Plan
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City of Kalispell
Illicit Discharge Detection and Elimination: Ordinance 1831
Construction Site Storm Water Management: Ordinance 1831
Post -Construction Site Storm Water Management: Ordinance 1831
Acronyms
The following acronyms shall have the following meaning
DEQ
Department of Environmental Quality
ERP
Enforcement Response Plan
MCM
Minimum Control Measure
MS4
Municipal Separate Storm Sewer System
NOV
Notice of Violation
SWO
Stop Work Order
Enforcement Response Plan Overview
The enforcement process consists of six basic steps beginning with identification of a violation and
concluding with closing the complaint. The overall process is shown in the flowchart below and is further
explained in the following sections.
Enforcement Response Flowchart for the
City of Kalispell Stormwater Management Program
Identify &
Document the
Violation
)etermine
•opriate Level
Response
Select &
mplement
ppropriate
tesponse
Follow up
Call/Visit
No Compliance Yes
Achieved?
Close Complaint
Enforcement Response Plan
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Page 2
City of Kalispell
1. Identifying/Investigating Noncompliance
The City may become aware of stormwater non-compliance or violations in a number of ways.
Permit -required inspections or monitoring may reveal non-compliance: the City's programs include
periodic or complaint -based compliance inspections of facilities subject to Construction/Post-
Construction programs and routine monitoring and inspections to support the IDDE, as required by
the MS4 permit.
Staff of other City agencies may also identify illicit connections or illicit discharges during the course
of performing their regular job functions.
Finally, there may be complaints from the public.
This section discusses the City's plans for inspections in each of the three regulatory programs required by
the MS4 permit: IDDE, Construction, and Post -Construction.
IDDE
The City may receive a complaint concerning an illicit connection or discharge through the City's online or
phone reporting system or an illicit discharge may be observed during the course of City operations. When
one of these mechanisms triggers an IDDE investigation, the City conducts appropriate in -sewer and/or
surface inspection(s) to identify the source of dry weather discharge/ pollutants of concern entering the
MS4, consistent with applicable laws, and takes necessary enforcement action to require abatement of the
discharge. When another City agency identifies an illicit connection or discharge on their property, the
agency is responsible for tracking, eliminating, and reporting it.
Construction/Post-Construction
The MS4 permit Parts 11.4 and 11.5 require the City to address stormwater runoff to the MS4 from new
construction activities and new development and redevelopment projects that result in soil disturbance of 1
acre or more. Sites that are less than 1 acre but the activity is part of a larger common plan of development
or sale that would disturb one acre or more are also included. The City inspects sites that have received
Stormwater Permit approval under the City's MS4 construction/post-construction permitting, inspection, and
enforcement program.
With respect to construction permitting, the City uses announced and unannounced inspections, in addition
to inspections triggered by complaints, in accordance with applicable laws, to determine whether projects
have obtained appropriate permits under the City's program and are complying with their Stormwater
Pollution Prevention Plan (SWPPP). The City prioritizes inspection sites most likely to have an adverse
impact on water quality, based on the amount of exposed soil, the location of the site relative to a water
body, and the past performance of the responsible parties.
With respect to developed sites, the City performs inspections based on complaints of discharges entering
City sewers. Following the completion of construction, the City performs, on a complaint basis and
periodically, compliance verification inspections of sites with Kalispell Stormwater Maintenance Permits to
determine whether the owners are complying with their Stormwater Maintenance Permits and maintaining
their stormwater facilities.
Determining the Appropriate Level of Response
Once a potential violation is identified, the appropriate level of response should be determined and an
appropriate response remedy should then be selected. The City has five levels of responses, each of which
is briefly described below.
2.1 Level 1: No Enforcement Action
There may be situations where City personnel are made aware of a potential violation; however,
sufficient evidence does not exist to prove a violation is taking place. An example of such situation may
be if a complaint is received stating that a private stormwater control has not been properly maintained.
However, after a brief site inspection and/or verbal discussion, City staff determines the stormwater
control is within compliance and no enforcement action is required. In such situations, the potential
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City of Kalispell
violation and response should be documented using the Enforcement Response Documentation Form
(Attachment D) or other equivalent form for future reference.
2.2 Level 2: Informal Response
The City will pursue compliance with stormwater violations through informal methods whenever
reasonable. Informal responses include telephone notifications, verbal notices, meetings, and notices
of violation (NOV) each of which is described in Section 3.1. These methods are appropriate for
situations where education is needed, violations do not pose a significant impact to human health or
the environment, or the City believes that compliance can be achieved without the use of formal
measures. In addition, implementation of informal measures often establishes the documentation
necessary to implement formal enforcement actions if informal measures do not result in compliance.
2.3 Level 3: Formal Response
Formal procedures will be implemented to resolve prolonged non-compliance or immediate impacts to
human health and the environment. Additionally, formal responses may be implemented immediately
when the responsible party has a history of non-compliance. A history of non-compliance is defined as
receiving more than 3 informal or formal responses to stormwater violations in the past 2 years. Formal
responses include stop work orders, administrative orders, compliance schedules, orders to show
cause (OSC), monetary penalties (municipal infractions), and suspended service, each of which is
described within Section 3.2.
2.4 Level 4: Judicial Response
A judicial response involves civil or criminal prosecution and will be implemented when a violation is
significant and/or the responsible party is uncooperative throughout the City's attempts to achieve
compliance using formal responses. Judicial responses include injunctive relief, consent decrees, civil
penalties and criminal penalties, each of which is discussed in Section 3.3.
2.5 Level 5: Referral to Other Agencies
If formal responses prove insufficient to resolve the situation, the City of Kalispell may enlist the help of
the Montana DEQ or any other governmental agency involved. Help from the Montana DEQ may be
solicited at an earlier stage of the process in the event the Montana DEQ has a vested interest in the
site, has a history of dealing with the responsible party, or the violation is deemed significant enough
for immediate action.
Selecting an Appropriate Response Remedy
Once the severity of the violation is determined, the proper response must be identified and initiated. The
City's selected response remedies are described below. Each violation must be documented even if the
decision is to take no action. Documentation must explain why such action was or was not taken.
3.1 Informal Remedies
i.) Verbal/Email Notice
A verbal notice will be used to obtain additional information pertaining to a potential violation or
to resolve an infrequent violation. The initial contact will take place within 24 hours of
determining a potential violation. At a minimum, the conversation shall be documented with the
following information:
1. date/time of contact,
2. the City staff member who initiated contact,
3. the person contacted (responsible party), and
4. the content of the conversation.
The initial contact will start the enforcement timeline. In the event the call/email is not answered,
the Stormwater Coordinator or another delegated City employee will make a site visit and leave
a note on the property if feasible. If no contact is made after attempting both methods, the
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City of Kalispell
enforcement timeline will begin on the date of the site visit. The length of the violation will be
measured beginning with the initial contact or site visit depending on the situation. If a violation
is found during a City inspection, the inspection will serve as the start of the enforcement
timeline.
ii.) Notices of Violation
A Notice of Violation (NOV) is an official communication from the City to the responsible party
which informs the party a violation has occurred. The NOV will be issued as a warning for
significant violations of the City's stormwater ordinances and requirements or in cases where
a verbal warning for a minor infraction has been ignored for at least 7 days. The NOV
documents the initial attempts of the City to resolve the violation.
The NOV will include the following information:
1. the specific violation,
2. photos (if possible),
3. timeframe and actions required to return to compliance, and
4. a warning that further enforcement action may be taken for failure to comply.
The NOV's shall be sent via certified mail/return receipt or hand delivered and signed by the
responsible party.
iii.) Compliance Schedule
A compliance schedule directs the responsible party to address the violation and restore
compliance by a specified date. The compliance schedule will include the following:
1. the specific violation,
2. the City's previous correspondence and attempts to achieve compliance,
3. required actions to be completed by the responsible party, and
4. dates by which the actions must be completed to return to compliance.
Issuance of a compliance schedule does not necessarily relieve the responsible party of having
to meet any existing stormwater control commitments, nor protect the responsible party.
iv.) Meeting
A meeting will be requested with the responsible party within 2 working days (or a timeframe
deemed appropriate for the situation) of the initial contact without fully mitigating the violation,
or in the opinion of the Stormwater Coordinator, when the responsible party is not putting forth
a good faith effort. The meeting will serve to educate the responsible party regarding the
violation and to discuss necessary measures for correction. The meeting will be conducted by
the Stormwater Coordinator or another delegated City employee. At a minimum, the meeting
shall be documented with the following information:
1. meeting location,
2. date/time of meeting,
3. meeting attendees,
4. content of the conversation, and
5. agreements made at the meeting.
3.2 Formal Remedies
i.) Stop Work Order
A stop work order (SWO) is a notice which informs the construction site operator of an ongoing
stormwater management violation and requires a termination of work until the matter is
resolved. No City permits, payments, or approvals of any kind will be issued for any project the
owner or contractor is involved with as long as the SWO is in effect. The SWO will be issued
for failure to comply with an NOV or for extreme violations of the City's construction site
stormwater requirements.
The SWO will include the following information:
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City of Kalispell
1. the specific violation,
2. contact information for the City personnel who must be contacted to discuss required
remediation procedures,
3. the mitigation goals necessary to remove the stop work order, and
4. a warning notifying the site operator of additional enforcement actions for continued
noncompliance.
A stop work order will not be removed until the situation is completely resolved as determined
by the issuer of the stop work order.
ii.) Administrative Order
An administrative order is a formal enforcement document that requires the responsible party
to either cease the specified activity or implement specified corrective measures. An
administrative order will be issued when informal remedies have been pursued and have not
resulted in compliance.
iii.) Order to Show Cause
An Order to Show Cause (OSC) directs the responsible party to appear before the City
Manager, explain their noncompliance, and show cause why more severe enforcement actions
should not be pursued. An OSC will be issued when an administrative order or other
enforcement remedy has been disputed and has not resulted in compliance.
iv.) Municipal Infraction
A municipal infraction is a civil offense punishable by a civil penalty. An administrative fine is
assessed by the Municipal Court Judge to the responsible party for a violation of the City's
stormwater management requirements. The fine is considered punitive in nature and is not
related to any specific cost borne by the City. The amount of the fine will be proportional to the
harm caused by the violation at the discretion of the Municipal Court Judge. The City may also
recover damages to its MS4 or for the cost of fixing/maintaining stormwater infrastructure as
stated in City ordinances.
v.) Suspend Service
The City has the authority to suspend water service, solid waste removal, and any other City
services deemed applicable. These actions will be used against a responsible party that fails
to comply with previous remedies or to stop discharges considered to pose an immediate risk
to the public or the environment.
3.3 Judicial Remedies
i.) Injunctive Relief
An injunction is a court order which directs the responsible party to cease a specified action or
behavior. The City will seek injunctive relief if the responsible party refuses to comply with an
administrative order or if delays in filing a civil suit would result in irreparable harm to the MS4
or receiving waterbody.
ii.) Consent Decree
A consent decree is an agreement between the City and the responsible party reached after a
lawsuit has been filed. A consent decree will be pursued when the City and the responsible
party can reach a suitable agreement.
iii.) Civil Penalties
If necessary, a civil suit will be used to recover costs borne by the City in responding to the
responsible party's noncompliance.
iv.) Criminal Penalties
Criminal prosecution is a formal process of charging the responsible party with violations of
ordinance provisions punishable by fines and/or imprisonment. Criminal prosecution will be
pursued when the responsible party has ignored all previous corrective actions for 2 weeks and
in the view of the Kalispell City Attorney or the State DEQ the responsible party is not taking
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City of Kalispell
sufficient action to mitigate the violation. Criminal penalties may be started sooner at the
discretion of the Kalispell City Attorney.
3.4 Additional Considerations
The following criteria will be considered to aid in determining the correct level of response:
i.) Magnitude
Incidents which may cause damage to the MS4 or pose a threat to human health and/or the
environment will be considered significant and necessitate a formal enforcement action.
ii.) Duration
Violations which continue over prolonged periods of time will result in escalated enforcement
actions.
iii.) Compliance History
The responsible party's compliance history will be an important factor in determining the
appropriate remedy to apply. The City has the authority to issue informal or formal notices for
less severe violations. However, recurring violations may lead the City to escalate the level of
response in a shorter time frame than usual.
iv.) Good Faith of the Operator
Good faith is a characteristic of actions showing the responsible party intends to achieve
compliance in a timely manner. If the responsible party is attempting in good faith to correct the
violation, the City's enforcement responses may be less severe. However, potential threats to
human health or the environment will always take precedence when considering the City's level
of response.
In addition, while the responsible party's good faith in correcting its noncompliance may be a
factor in determining which enforcement response is suitable, good faith does not preclude the
responsible party from enforcement action.
Enforcement Roles and Responsibilities
The following table details the typical enforcement roles of City staff. 1st level indicates primary
responsibility, 2nd level represents secondary responsibility, and NA indicates staff does not have the
authority to make the decision.
Table 4-1: Staff Enforcement Roles
Enforcement Action
Stormwater Coordinator
or Construction Manager
Delegated City
Employee
Public Works Director
Verbal/Email Notice
1st Level
1st Level
2nd Level
Meetings
1 st Level
1 st Level
2nd Level
Notice of Violation
1 st Level
1 st Level
2nd Level
Compliance Schedule
1 st Level
1 st Level
2nd Level
Stop Work Order
NA
NA
1st Level
Administrative Order
NA
NA
1st Level (City Manager)
Order to Show Cause
NA
NA
1st Level (City Manager)
Monetary Penalty
NA
NA
1st Level (Municipal Court)
Suspend Service
NA
NA
1 st Level (City Attorney)
All Judicial Remedies
NA
NA
1st Level (City Attorney)
All significant violations and the responses shall be reported to the Stormwater Program Manager and the
Public Works Director. The Stormwater Coordinator or delegated City employee will be primarily
responsible for informal responses to achieving compliance. If compliance is not achieved or the risk to the
environment or safety and health of the community increases, the Public Works Director will take over
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City of Kalispell
primary responsibility for enforcement. When the situation requires a formal response, the Public Works
Director will assume the responsibility for deciding the proper approach to achieve compliance. The City
Attorney and the Stormwater Coordinator will be copied on all formal enforcement responses. The Public
Works Director will consult with the City Attorney and City Manager on judicial actions.
Escalation Process and Schedule for Site Violations
The common violations and enforcement response schedules differ for each MCM. Therefore, refer to the
following attachments for this information:
• Attachment A: Illicit Discharge Detection and Elimination
• Attachment B: Construction Site Storm Water Management
• Attachment C: Post -Construction Site Storm Water Management in New and Redevelopment
Enforcement Response Plan
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City of Kalispell
ATTACHMENT A
ESCALATION PROCESS AND SCHEDULE FOR ILLICIT DISCHARGE VIOLATIONS
Table's A-1 and A-2 (below) provide typical responses to common illicit discharge violations and a typical
schedule for escalation of enforcement actions. Each violation has unique circumstances and concerns.
Therefore, the tables below serve as guidance only. Violations which pose a significant threat to human
health and/or the environment will utilize more severe enforcement actions on a compressed timeframe in
order to quickly eliminate the violation, abate any damages, and prevent recurrence.
Table A-1: Examples of Common Illicit Discharge Violation Responses
Initial
Initial Response
Violation 7
Circumstances of Violation
Level of
Remedy
Response
Dumping household toxins in
Isolated Incident
Informal
Verbal Notice or NOV
a storm drain
Repeat Violation
Formal
Municipal Infraction
Contractor discharging paint,
First Incident
Informal
Verbal/Email Notice or
concrete wash water, or other
Meeting or NOV
deleterious substance into a
Repeat Violation
Formal
Municipal Infraction
storm drain
Restaurant or business
Isolated Incident
Informal
Verbal Notice or
discharging fat, oil, grease, or
Meeting or NOV
mop wash water to storm
Repeat Violation
Formal
Municipal Infraction
drain
Direct connection of anything
Isolated Incident/
Informal
Verbal Notice or
other than stormwater or
Unaware of connection
Meeting or NOV
clean groundwater to a storm
Known issues previously
Formal
Municipal Infraction
sewer
ignored by the responsible
party or new connection
Discharging wastewater from
Any Instance
Formal
Municipal Infraction
RV, camper, or another
source to a storm sewer
Table A-2: Possible Escalation Process, Response Schedule, and Responsibilities for Illicit
Discharge Violations
Response
Time Frame
Responsibility
Verbal Notification
Within 24 hours of determining a
potential violation
Stormwater Coordinator
Notice of Violation
Within 2 days of violation
Stormwater Coordinator
Meeting
Within 3 days of violation
Stormwater Coordinator
Compliance Schedule
Within 3 days of violation
Stormwater Coordinator
Stop Work Order
Within 4 days of violation
Public Works Director
Administrative Order
Within 4 days of violation
Public Works Director/City Manager
Order to Show Cause
Within 2 days of violation dispute
Public Works Director/City Manager
Monetary Penalty
Within 10 days of violation
Municipal Court
Suspend Service
Within 6 days of violation
Public Works Director/City Manager
Judicial Actions
As deemed appropriate by the Public
Works Director
Public Works Director/City Attorney
Referral to other
agencies
As deemed appropriate by the Public
Works Director
Public Works Director
Enforcement Response Plan
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City of Kalispell
ATTACHMENT B
ESCALATION PROCESS AND SCHEDULE FOR CONSTRUCTION VIOLATIONS
Tables B-1 and B-2 (below) provide typical responses to common construction site violations and a typical
schedule for escalation of enforcement actions. Each violation has unique circumstances and concerns.
Therefore, the tables below will serve as guidance only. Violations which a pose a significant threat to
human health and/or the environment will utilize more severe enforcement actions on a compressed
timeframe in order to quickly eliminate the violation, abate any damages, and prevent recurrence.
Table B-1: Examples of Common Construction Site Stormwater Violation Responses
Violation -7
Circumstances of Violation
Initial Level
of Response
Initial Response
Remedy
Conducting earth
Operator is unaware of
Informal
Verbal Notice
disturbing activities without
requirements
stormwater construction
Operator is aware but has chosen
Formal
Stop Work Order
permit
not to obtain appropriate permit
Best management
First Violation
Informal
Verbal/Email Notice
practices (BMPs) not
maintained or installed
Repeat Violation
Informal
Notice of Violation
correctly, no runoff
BMPs not
First Violation
Informal
Verbal/Email Notice
maintained/installed,
runoff
Previously warned of deficiencies
(dry or wet weather)
Formal
Notice of Violation
or Stop Work Order/
Municipal Infraction
Site conditions require
First Violation
Informal
Verbal/Email Notice
BMPs listed on SWPPP
or Notice of
plans but BMPs are not
Violation
installed
Repeat Violation
Formal
Stop Work Order
and/or Municipal
Infraction
Tracking soil offsite, dust
First Violation
Informal
Verbal/Email Notice
blowing offsite
Repeated Violation
Formal
Notice of Violation
or Stop Work Order/
Municipal Infraction
Extreme infractions
First Violation
Informal
Notice of Violation
Second warning or history of
Formal
Stop Work Order
violation
Not conducting regular
First Violation
Informal
Verbal/Email Notice
inspections and
maintenance as specified
in the permit
Second Violation, no discharge
issues
Informal
Notice of Violation
Second Violation, BMPs non-
Formal
Stop Work Order
compliant, discharge happening,
and/or Municipal
no good faith effort by responsible
Infraction
party
SWPPP not updated when
First Violation
Informal
Verbal Notification
site inspected
Repeat Violation
Informal
Notice of Violation
>2 Violations
Formal
Municipal Infraction
SWPPP not on site
First Violation
Informal
Verbal Notification
Second Violation
Informal
Notice of Violation
>2 Violations
Formal
Municipal Infraction
Enforcement Response Plan
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City of Kalispell
Table B-2: Possible Escalation Process, Response Schedule, and Responsibilities for Construction
Site Stormwater Violations
Response
Time Frame
Responsibility
Verbal Notification
Within 24 hours of determining a
violation
Stormwater Coordinator/
Construction Manager
Notice of Violation
Within 2 days of violation
Stormwater Coordinator/
Construction Manager
Compliance Schedule
Within 3 days of violation
Stormwater Coordinator/
Construction Manager
Stop Work Order
Within 7 days of notice of violation
Public Works Director
Municipal Infraction
Within 1 day of issuing the stop-
work order if work is not halted
Municipal Court
Administrative Order
Within 4 days of SWO
Public Works Director/City Manager
Judicial Actions
As deemed appropriate
Public Works Director/City Attorney
Referral to other agencies
As deemed appropriate
Public Works Director
Minor infractions to the City of Kalispell ordinances are infractions not causing immediate harm to the
environment or the public health and safety, but having a strong likelihood to do so if the weather changes.
Examples of this are:
• BMPs incorrectly installed, but no runoff is occurring on site
• Contractor not following their own Stormwater Management Plan but there are no deleterious
effects on the environment
• Not installing sediment control BMPs and just sweeping street as needed
• Allowing sediment to be tracked offsite during dry weather
Significant infractions to the City of Kalispell ordinances are infractions creating an immediate risk to the
environment or public health and safety such as:
• Sediment plume from site reaches a City of Kalispell storm drain manhole
• Sediment has remained in City right of way for 7 days or more
• Sediment from construction site has been transported more than 50 feet offsite
• Dust from the site is causing a safety hazard
• Dust from site reduces visibility to less than 100 feet for any length of time
• A visible layer of dust is deposited on parked cars or impervious surfaces a quarter mile or more
from the site that was observed coming from a specific construction site or there is direct evidence
of the origin of the dust
Extreme infractions to the City of Kalispell ordinances are infractions having an immediate risk to the
health and safety of the public or the environment on a large scale such as:
• Sites over 30 acres with insufficient erosion controls implemented and dust reducing visibility to
less than 30 feet at any time or causing an immediate safety hazard
• Sites over 30 acres with insufficient erosion controls implemented and sediment flowing offsite to
a surface water body or storm sewer drain
The length of compliance timeline will vary with the severity of the violation. Compliance schedules will be
determined by City staff using the following guidelines:
The City of Kalispell will determine the level of effort from the contractor that constitutes a good
faith effort.
Mitigating stormwater issues is the top priority on -site.
Enforcement Response Plan
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City of Kalispell
• When computing working days, the weekend (Saturday and Sunday) will only be counted as one
working day.
• The minimum compliance timeline will be 24 hours.
• The availability of materials can be a factor. For example, if the contractor is unable to obtain rock
for a tracking pad after checking with all local suppliers, the timeline can be lengthened to
accommodate this issue.
• All immediate risks to the public health and safety or the environment shall be mitigated to the point
where the site is not continuing to pollute the environment within a maximum of 24 hours.
Enforcement Response Plan
Stormwater Management Page 12
City of Kalispell
ATTACHMENT C
ESCALATION PROCESS AND SCHEDULE FOR POST -CONSTRUCTION
STORMWATER MANAGEMENT VIOLATIONS
Tables C-1 and C-2 (below) provide typical responses to common post -construction stormwater
management violations and a typical schedule for escalation of enforcement actions. Each violation has
unique circumstances and concerns. Therefore, the tables below will serve as guidance only. Violations
which a pose a significant threat to human health and/or the environment will utilize more severe
enforcement actions on a compressed timeframe in order to quickly eliminate the violation, abate any
damages, and prevent recurrence.
Table C-1: Examples of Common Post -Construction Stormwater Management Violation Responses
Violation
Circumstances of
Violation
Initial Level of
Response
Initial Response Remedy
Failure to obtain a stormwater
maintenance permit
First warning
Informal
Verbal/Email Notice
Repeat Violation
Formal
Municipal Infraction and/or
suspend service
Failure to submit an annual
inspection for the stormwater
maintenance permit
First warning
Informal
Verbal/Email Notice
Repeat Violation
Formal
Municipal Infraction and/or
suspend service
Failure to renew a stormwater
maintenance permit
First warning
Informal
Verbal/Email Notice
Repeat Violation
Formal
Municipal Infraction and/or
suspend service
Failure to maintain a post-
construction stormwater control
Isolated incident
Informal
Notice of Violation
Repeat violation
Formal
Municipal Infraction and/or
suspend service
Failure to get approval to
modify a practice
First warning
Informal
Notice of Violation
Fail to make
requested changes
Formal
Municipal Infraction and/or
suspend service
Failure to notify the Public
Works Department of a change
of ownership
First Incident
Informal
Verbal/Email Notice
Repeat Violation
Informal
Notice of Violation
Table C-2: Possible Escalation Process, Response Schedule, and Responsibilities for Post -
Construction Stormwater Management Violations
Response
Time Frame
Responsibility
Verbal Notification
Within 24 hours of determining a
potential violation
Stormwater Coordinator
Notice of Violation
Within 2 days of violation
Stormwater Coordinator
Compliance Schedule
Within 3 days of violation
Stormwater Coordinator
Administrative order
Within 4 days of violation
Public Works Director/City Manager
Monetary Penalty
Within 5 days of violation
Municipal Court
Suspend Service
Within 6 days of violation
Public Works Director/City Manager
Judicial Actions
As deemed appropriate
Public Works Director/City Attorney
Referral to other agencies
As deemed appropriate
Public Works Director
Enforcement Response Plan
Stormwater Management Page 13
City of Kalispell
ATTACHMENT D
ENFORCEMENT RESPONSE DOCUMENTATION FORM
City Personnel Involved Date
Description of Violation
Location of Violation (address)
Responsible Party Telephone
Street City Zip
Description of Violation:
Level of Response Selected Remedy Date for Follow -Up
Additional Notes:
Enforcement Response Plan
Stormwater Management Page 14