Focusing primarily on outdoor areas, your inspector will review your facility for compliance with local stormwater ordinances by following an inspection checklist.
Facility operators must reduce outdoor pollutant sources.
When stormwater violations are noted at your facility by the inspector, you will be issued a Notice of Violation (NOV) which will inform you of the nature of the violation(s) and require you to correct the violation(s) within a given time frame. (See Common Stormwater Violations) Extensions may be granted if the business operator can reasonably demonstrate why additional time is needed.
You will be provided by your inspector with guidance materials and suggestions to help you correct any violation(s) noted.
Proof of Compliance:
When you receive an NOV for Stormwater violations at your facility, in addition to correcting the violation(s) you will need to submit some form of proof of compliance to your EMD inspector within a specified time frame in order to avoid being automatically re-inspected. In many cases, when adequate proof of compliance is submitted within the required time frame, there will be no need for a follow-up re-inspection.
Failure to Comply:
Failure to comply with the requirements of a Notice of Violation within the specified time frame (or to request an extension within that time frame) will most likely result in an automatic re-inspection and re-inspection fee. Failure to comply may also result in further enforcement actions that may include a fine.
The Right to Appeal:
You have the right to appeal a notice of violation, cease and desist order, or fine issued to you for stormwater ordinance violations. There is a fee that covers the cost of the independent hearing officer which is refunded to the appellant if his/her appeal is upheld. To appeal a notice or fine issued to you by EMD, you must submit a request for an appeal hearing in writing to your EMD inspector within 30 days, along with the fee (contact a Environmental Compliance Division stormwater specialist at (916) 875-8400 for the fee amount and further details.)
If you are issued a Cease and Desist Order you have the right to a speedier appeals hearing but you must file your request sooner. Contact a Environmental Compliance Division stormwater specialist at (916) 875-8400 for further details.
The County Stormwater Ordinance (and city ordinances) provides for fines of up to $5000 per violation, per day, for polluting the County storm drainage system and local waters. Fines may be issued in cases of intentional discharges, continued violations, extreme negligence, and failure to comply with the requirements of a notice.