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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 Stormwater Management Page 1 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 Stormwater Management 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 Enforcement Response Plan Stormwater Management Page 3 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 Enforcement Response Plan Stormwater Management Page 4 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: Enforcement Response Plan Stormwater Management Page 5 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 Enforcement Response Plan Stormwater Management Page 6 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 Enforcement Response Plan Stormwater Management Page 7 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 Stormwater Management Page 8 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 Stormwater Management Page 9 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 Stormwater Management Page 10 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 Stormwater Management Page 11 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