The Warren County Division of Stormwater Management is constantly striving to meet the requirements of our Municipal Separate Storm Sewer System (MS4) Permit issued to the county by the KY Division of Water and the federal Environmental Protection Agency. Those requirements include tasks such as creating environmental education programs to increase community awareness, reviewing site plans for appropriate design standards and conducting onsite inspections to ensure permit compliance. These MS4 Permit conditions further require that the inspection process include “escalating enforcement remedies to respond to issues of non-compliance” per KYG20 Part II.B.4.b.iii. This is certainly not the preferred method for our staff to use as an enforcement tool, but it is required and must be utilized when necessary. Also, as our stormwater program further develops we want to ensure that clear communication and cooperation between our staff and the regulated community remains a priority. The summary below outlines standard enforcement documents you may see issued from our department as well as inspection procedures that accompany those documents:
Letter of Warning: (This step is in addition to the enforcement action required by the permit). Issued to permittee and/or responsible party after inspection where “Fail” and/or “Impending Trend” site conditions are observed. If remedial measures are not completed by end of specified timeframe or a pattern of non-compliance is observed, then further enforcement action may be required (see Notice of Violation).
Notice of Violation: Issued to permittee and/or responsible party after inspection where “Fail” and/or “Impending Trend” site conditions are observed. If remedial measures are not completed by end of specified timeframe or a pattern of non-compliance is observed, then further enforcement action may be required (see Notice of Citation).
Notice of Citation: Issued to permittee or responsible party for not completing remedial measures detailed in Letter of Warning and/or Notice of Violation within the specified timeframe. It may also be issued directly in response to a pattern of non-compliance. The current fee schedule for citations is a follows:
- First offense $100
- Second offense $500
- Third offense $1000
By reviewing permit requirements and maintaining site conditions, a permittee can greatly reduce the potential of having to respond to an enforcement action. In the event that a permittee does receive an enforcement action document, our inspectors and reviewers are always available to discuss non-compliant site conditions and possible remedial measures.
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