Town of Yountville

Town of Yountville

Storm Water Management Program

NCSWMP

Enforcement Response Plan

Introduction

The Town of Yountville is a member of the Joint Powers Agreement with the Napa County Flood Control & Water Conservation District, Storm Water Management Program (NCSWMP) and named permittee in the State Water Resources Control Board’s General Permit for Storm Water Discharges from Small Municipal Separate Sewer Systems, Water Quality Order No. 2003-0005-DWQ, May 20, 2004. The Town has implemented a Storm Water Discharge System Ordinance (Town of Yountville Municipal Code, Division 5) in January of 2001. This division contains Chapter 13.136 Enforcement and Penalties, which includes provisions for administrative and civil penalties for violations of the ordinance. Other divisions and chapters of the municipal code provide additional enforcement capabilities and are specifically listed below:

Chapter 1.24Enforcement Procedures

Chapter 1.28Code Enforcement and Nuisance Abatement

Chapter 8.08Control of Dog Excrement

Chapter 8.12Weed and rubbish Abatement

Chapter 9.32Nuisances

Chapter 12.04Streets and Sidewalk Excavations and Encroachments

Chapter 13.18Cross Connection Control Program

Chapter 13.20Water conservation

Chapter 13.32Interruption of Service

Chapter 13.56Sewer Use Regulations

Chapter 13.76Storage of Solid Wastes

Chapter 13.80Collection, Transportation and Disposal

Title 15. Division 1: Uniform Codes

Chapter 15.40Guidelines for the Use of Baled Rice Straw

Division 2:Floodplain Management Regulations

Each of these chapters provides additional enforcement capabilities for the Town to implement the Program and effectively respond to reported discharges to the municipal storm water system. The purpose of the Enforcement Response Plan is to clearly define the roles of responding officials and provide a procedure for normal enforcement actions.

Roles and Responsibilities

The Town has designated the Town Administrator as the “Administrator” of the Program who will in turn designate a Town employee as the Enforcement Official (E.O.) [designated by the Administrator as the Public Works Manager] to provide the review, administration, inspection and enforcement of the storm water ordinance, program training and implementation. The Town’s public works staff will provide the field support for this position with the Planning & Building Department providing additional support to the program through the review of permits and inspections. The California Department of Forestry (CDF) acting as the Town’s Fire Official will provide emergency response to discharges and the determination of the potential hazard. The Napa County Sheriff and Road Departments and California Department of Transportation will provide additional response to emergency situations. The Town has also relied upon the Napa County Department of Environmental Management and California Department of Fish & Game for specific discharge responses. The Town’s Enforcement Official is responsible for enforcement actions subsequent to the determination that the initial discharge is not hazardous.

Categories and Types of Discharges

There are essentially four categories of potential dischargers:

Construction Sites

Commercial, Industrial and Agricultural Operations

General Public

Public Agency

The types of discharges are generally categorized as Illicit Discharges and failure to implement Best Management Practices (BMP’s). Each discharge will involve a Responsible Person (RP) that has the care custody and control of the property or operation where the discharge originates. The Town’s Enforcement Official will be responsible for each category and type of discharge.

Inspection Schedules

Storm Water Pollution Prevention Plans for construction sites affecting areas equal to and greater than one acre will be reviewed and approved by the E.O. prior to issuance of any grading or construction permit. Such review will include post construction or installation of permanent pollution control measures. Temporary measures, installed as part of the plan during the construction phase, will be site inspected for compliance with the approved plan prior to October 15th of each year. Subsequent inspections will occur as needed during the winter season. Permanent measures will be inspected and approved prior to final clearance.

Commercial, Industrial and Agricultural operations within the Town’s limits will be inspected on an annual basis. This inspection will be in addition to, and in cooperation with, the normal inspection routine of the Department of Environmental Health. Additional inspections will occur on an as needed basis.

Periodic inspections of the storm drain system or other potential violations of the ordinance by the general public will occur during the normal operations of Town personnel and public inquiry. Any potential violation will be field inspected by the E.O. with the appropriate administrative and enforcement actions.

Inspections related to the construction of public improvements will be conducted by the Town’s contract inspectors and/or the Town Engineer and coordinated with the E.O. Periodic inspection of the normal operations of the Town’s public works staff will be conducted by the E.O.

Enforcement Actions

Emergency discharges, or spills, will be first responded to by one of the agencies identified above. Should the spill not contain a hazardous material, the Town’s Enforcement Official will then complete the appropriate administrative and enforcement actions. The E.O. will handle coordination of enforcement actions with overlapping political jurisdictions.

Upon report or witness of any potentially illicit discharge, the E.O. will perform a site inspection and will prepare a Discharge Incident Report (DIR) that includes the following:

1. Location of Discharge
2. Determination of Jurisdiction
3. Cause and Nature of Discharge
4. Storm Drain Facility Affected
5. Water Body Affected
6. Name of Persons On Site
7. Names of Responsible Person or Business
8. Actions Taken
9. Name of Reporting Person; Date and Time of Report

The Enforcement Official will prepare the DIR, take action to immediately cease discharge and issue a verbal warning to Responsible Person. The E.O. will return to the discharge location within 24 hours to assure compliance with verbal warning and instructions to cease discharge and abate nuisance. Should such abatement require a period of time to complete or should the R.P. not cease the discharge, the E.O. will prepare a written warning in the form of a Stop Work Order or Red Tag. Should the R.P. require additional time to cease the discharge or abate the nuisance, R.P. will prepare a plan for compliance with a stipulated timeline. This plan will become part of a written warning to the R.P. and will require subsequent inspection and documentation of compliance by the E.O.

Should the R.P. not comply with the written warning, a Notice of Violation (NOV) will be issued by the E.O. A copy of the NOV will be forwarded to the appropriate official with the Regional Water Quality Control Board and/or Department of Fish & Game requesting a written response from the agency determining the relative impact, if any, the discharge had (or is having) on the affected water body.

The NOV will include a fine as provided for in the Municipal Code Chapter 1.20.010 (C) and any costs incurred by the Town in ceasing the discharge or related abatement of the nuisance. Appeal of the NOV may be made to the Town Council as provided by Sections 1.28.110 and 1.30.010 of the Municipal Code.

Further enforcement actions including civil or criminal remedies will be as directed by the Town Council and initiated by the E.O. under direction of the Town Attorney.

The Enforcement Official will maintain a Discharge Incident log that contains notes on all reported incidents and will provide the basis for the annual report to the Regional Board. Attached to this Plan are samples of the DIR and NOV forms and the Enforcement Response Guide.