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Illicit Discharge Detection and Ellimination STORMWATERSERVICES
June 2010
Program Summary
Table of Contents: Page #
I. Discovery and Documentation of Violation.................................................................... 1
II. Issuance of NOV's............................................................................................................ 1
III. Initiation of a Civil Penalty............................................................................................. z
IV. Appeals Process.............................................................................................................3
V. Violation Corrected.........................................................................................................4
VI. Filing and Document Storage........................................................................................4
Attachments:
1. Stormwater Management Ordinance Complaint Report
2. Stormwater Management Ordinance Violation Report
3. Stormwater Management Ordinance Violation Data Assessment
4. Contact Log for Enforcement Tracking
5. "Notice of Violation" letter
6. "Civil Citation" letter
7. "Notice of Violation: Compliance" letter
8. "Findings and Decision and Assessment of Civil Penalty" form
g. "Cost to the City of the Enforcement Procedures" form
1o. "Considerations for Assessment of Penalty" form
11. Storm Water Management Ordinance

Step I: Discovery and Documentation of Violation
A discovery of a violation of the City of Concord Code of Ordinance may be initiated by a citizen
call, notification from another party, an inspection - whether it be routine or in response to a
request/incident, or through a review of monitoring data and subsequent tracking and
inspections, etc. As soon as a violation is discovered, you should fill out a "Complaint Report" (see
attached) and discuss the violation with your supervisor. Together, you will determine if an
enforcement action should be initiated and the appropriate next steps to be taken.
If it is determined to pursue an enforcement action, a "Violation Report Form" and a "Violation
Data Assessment Form" (see attached) should be the documents used to initiate an enforcement
action. The supervisor will then complete these forms in their entirety immediately following the
discussion. In addition, a "Contact Log" (an example is attached) should be established to
document the nature of any contact with the violator, whether it is in person, by phone, or by
written correspondence. Additionally, pictures (digital or otherwise) that are time dated should
be obtained to document the violation and any subsequent change in events.
The violator should be notified initially by phone or in person that they were found in violation of
the City of Concord Code of Ordinances (Section 60-47) and that they will be receiving a written
Notice of Violation or NOV by certified mail within a few days.
A NOV (see attached) should be drafted and forwarded to the Stormwater Engineering Manager
for approval within 24 hours following verbal notification to the violator.
The violation report form, violation data assessment form, contact log, pictures, and NOV's will be
the chronological time tracker throughout the enforcement history, listing all verbal and written
contact, inspections, etc. In addition, it is important to track the time spent on the enforcement
process, including any inspections, document preparation, etc. These documents are essential in
building a case history in the event of an assessment of civil penalty or other enforcement
proceedings. It is of vital importance that careful and thorough documentation be of utmost
concern throughout the enforcement process.
Step II: Issuance of NOV's
As stated above, once a determination is made to pursue an enforcement action, a written NOV
should be drafted for approval within 24 hours following verbal notifications. Be sure to list the
appropriate section number/letters from the ordinance and to use the corresponding text from
that section. The Stormwater Engineering Manager will review the NOV within 24 hours. The City
Attorney's Office will be contacted for ownership determination. The inspector will prepare a
final copy of the NOV, sign and mail it via certified mail to the violator. Remember to attach any
return receipts from the certified mail to the file copy of the NOV. Depending on the nature of the
violation, up to go days may be allowed to correct the violation.
Technical assistance and flexibility will be an important part of Stormwater staff throughout the
enforcement process, but especially during the compliance period. Stormwater staff must

continue to work with citizens and businesses in a cooperative manner to reach solutions that
protect human health and the environment. It is important for the inspector to follow-up with the
violator following the issuance of the NOV to ensure complete understanding of the requirements
stated and to offer any technical assistance in resolving the enforcement action.
On the compliance date listed on the NOV, the inspector should conduct a follow-up inspection to
ensure compliance with the ordinance. If found in compliance, the inspector should verbally
notify the violator that they are no longer in violation and that they will receive a "Compliance"
letter (see attached) via first class mail. All documentation should be filed accordingly (see Step
VI: Filing and Document Storage). If the violator, at the time of the follow-up inspection, is still in
non-compliance with the ordinance, the inspector should provide verbal notification to the
violator and that a Notice of Continuing Violation or NOCV with a recommendation for assessment
of civil penalty will be sent via certified mail. Remember to attach any return receipts from the
certified mail to the file copy of the NOV. This NOCV will give up to an additional 3o days to
comply with the ordinance.
On the compliance date listed on the NOCV, the inspector should conduct a follow-up inspection
to ensure compliance with the ordinance. If found in compliance, the inspector should verbally
notify the violator that they are no longer in violation and that they'll receive a "Compliance"
letter (see attached) via first class mail. All documentation should be filed accordingly (see Step
VI: Filing and Document Storage). If the violator is still in non-compliance following the NOCV, the
inspector should verbally notify the violator and that they will be contacted for further action
following review of the recommendation for assessment of civil penalty. The inspector will then
notify their supervisor of the situation. The inspector and supervisor will discuss the situation with
the Stormwater Engineering Manager and determine whether or not to assess a civil penalty.
Step III: Initiation of a Civil Penalty
If attempts to work with the violator have failed or little or no progress in correcting the violation
has been made, a civil penalty may be assessed following a determination by the Supervisor and
Stormwater Engineering Manager. If it is determined to pursue an assessment, a complete and
detailed violation report form, contact log, any other documentation or pictures, etc. will be
packaged together and forwarded to the Stormwater Engineering Manager for Departmental
approval/notification. A "Findings and Decision and Assessment of Civil Penalty" form and the
"Considerations for Assessing Civil Penalties" form (see attached forms) will be completed and a
fee will be determined by the inspector and the Supervisor. The Supervisor will then issue the
"Civil Citation" letter via certified mail within 24 hours of verbal notification. The return receipt
from the certified mail will be attached to the Civil Citation letter when received.
If the penalty is contested, see Step IV: Appeals Process. If the penalty is not contested, the
Stormwater Financial Analyst will process the assessment payment and apply it towards a
designated line item in the Stormwater budget. If the violator does not remit payment, the
penalty will be forwarded to the City of Concord Collections Dept. for collection of the penalty. In
the event that the penalty is not paid, the city will have the right to levy a lien upon the land or
2

premises where the violation occurred and the levy shall be collected in the same manner as
unpaid taxes.
Step IV: Appeals Process
(a) Persons entitled to a hearing. The following persons are entitled to a hearing pursuant to
this section, for any actions taken by the city pursuant to this Article IV, each of whom is
hereafter referred to as "aggrieved person."
(1) Any person whose application for a permit extending city stormwater utility under
this article is denied;
(2) Any person against whom the city assesses a penalty pursuant to this article.
(b) Procedures for requesting a hearing. The aggrieved person shall exercise such right to a
hearing by making a written demand for a hearing in accordance with this subsection. Any
person making a demand for a hearing shall deliver the demand to the stormwater
administrator within 3o days of the following:
(1) The date of issuance of the contested permit;
(2) The date of the notice of the denial of permit issuance;
(3) The date of the notice of a revocation, modification, or suspension of an issued
permit; or
(4) The date that a penalty was assessed.
(c) Content of hearing request. The written demand for a hearing must identify separately and
with particularity the following:
(1) The aggrieved person or persons;
(z) The specific permit provision or condition or other issues contested to be
considered;
(3) The reason for the objection; and
(4) Any alternate provisions, conditions, or terms the aggrieved person proposes.
(d) Hearing procedures.
(1) The hearing shall be conducted by the stormwater administrator and shall be
subject to such rules as have been approved by the city council or the stormwater
administrator as hereinafter set forth.
(z) If the demand for a hearing is not made in accordance with the provisions of this
section, the stormwater administrator shall reject the demand and any right to a
hearing shall be terminated.
(3) If any person demanding a hearing shall fail to comply with an order of the
stormwater administrator or with any rules issued by the stormwater
administrator or approved by the city council concerning the conduct of the
hearing, the stormwater administrator may reject the demand and any right to a
hearing shall be terminated.
(4) Within go days of the receipt of the written hearing request, the stormwater
administrator shall conduct a hearing and issue a final order or decision. The
stormwater administrator shall transmit a copy of the final order or decision to
the aggrieved person by registered or certified mail.
(5) The stormwater administrator is authorized to take any action which is reasonably
necessary or convenient in considering a demand for a hearing and in resolving
3

the issues raised therein so long as such action is not contrary to the provisions of
this article, or other applicable law.
(6) The stormwater administrator may appoint a hearing officer to conduct any
hearing authorized by this section. A hearing officer shall have the same authority
to conduct a hearing and reach a decision as is provided to the stormwater
administrator, provided that the decision of the hearing officer shall not be final,
but shall be a recommended decision for consideration by the stormwater
administrator.
(7) The stormwater administrator may approve such decision without change, reject
the decision that is supported by evidence presented at the hearing, or issue a
different or revised decision that is supported by evidence presented at the
hearing.
(8) The decision of the stormwater administrator shall be final.
(9) A final order may provide that the action that is the basis for the demand for a
hearing is approved without change or may modify such action in any manner that
is supported by the evidence presented at the hearing.
(1o) The stormwater administrator may, but is not required to, provide for any part of
the hearing to be recorded by any reasonable means including, but not limited to,
audio and/or video recording, stenographer, or court reporter. A transcript of any
hearing, part thereof, which is recorded need not be prepared unless requested.
The original of a requested transcript shall be filed with the stormwater
department. Each person shall bear the cost of the transcript which such person
requests, including any copy thereof. The decision of the stormwater
administrator shall be reviewable only by seeking a writ of mandamus from the
superior court within 3o days of the entry of the final order set forth herein.
Step V: Violation Corrected
When the violation has been corrected, a follow-up compliance inspection shall be conducted
immediately. If found in compliance, the violator should be verbally notified and we will notify the
violator of any penalty for time out of compliance. The violator will then be sent a "Compliance"
letter (see attached) via first class mail. Attach any return receipts from the certified mail to the
corresponding letter. All hard copy and computer copy documentation should be filed
accordingly (see Step VI: Filing and Document Storage).
Step VI: Filing and Document Storage
Blank copies of the violation report form, contact log, NOV form letters, Section 60-47 of the City
ordinance, this instructional document, and other enforcement related items will be filed in
O:JCode Enforcement Documents as read-only documents. These completed documents (when
used) should be copied to O:JCode Enforcement Documentsllssues Stormwater Violations and a
folder created for each business/violator name. All computer copies of enforcement documents,
pictures, etc. should be saved under that folder to maintain enforcement history.
0

Subsequently, a hard copy file of all enforcement documents should be established using the
same business/violator name as the computer copy and filed in the enforcement filing cabinet
located in the Stormwater Staff area. If an enforcement file is already established using that
business/violator name, all additional computer copies of enforcement documents should be
placed in the same file in chronological order according to the date of the correspondence. In this
manner, the enforcement history of that business/violator may be easily reviewed.
Once the enforcement action is closed, a copy of all computer files relating to that enforcement
action should be placed on a standard disk and that disk should be placed in the file folder along
with the hard copy file.
k

Stormwater Illicit/Illegal Discharge Site Inspection
Date:
Time:
Address
Nature of Complaint:
Number of Photos taken:
Findings:
Inspected by:

Stormwater Illicit/Illegal Discharge Inspection
Follow-up
Date:
Time:
Address:
Nature of Complaint:
Notations:
M.

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N O RTH CA R O LIN A 635 Alfred Brown Jr Court SW, P.O. Box 308, Concord, NC 28026 - concordnc.gov
High Performance Living
400000■■■■■■■1111
NOTICE OF VIOLATION
May 21, 2021
Business Name
Street Address
City, State, Zip
ACTION REQUIRED — DISCHARGE OF ITEMS INTO
THE STORM SEWER SYSTEM SUCH AS [INSERT
DESCRIPTION OF ILLICIT DISCHARGE].
Dear Customer,
IF YOU DO NOT TAKE ACTION IN
RESOLVING THESE ILLICIT
DISCHARGE ISSUES BY
JUNE 21, 20219
ACTION SHALL BE BY CIVIL
PENALTY PER VIOLATION PER
DAY.
This correspondence is a Notice of Violation of the City Code of Ordinances concerning
Wastewater discharge items that were recently discovered at this address and immediate action is
required. We have recently visited the site concerning your discharge of various items listed above
in the storm sewer system. IMMEDIATE action is required per the requirements outlined within
the City of Concord Stormwater Ordinance, City Code of Ordinances Section 60-47(a)(2) (Non-
Stormwater Discharge Controls).
A plan for corrective maintenance shall be returned to this office via the email address
referenced below within 30 days of this letter. Failure to comply with this procedure could result
in a civil penaltiy per violation per day, as referenced in the City Code of Ordinances under
Section 60-48 (b)(1) and (2).
Thank you for your cooperation in complying with this request. If you have any questions and/or
need additional information, or if we can assist you in any way concerning this matter, please
contact our office at 704-920-5725 or 704-920-5352 and email leggjgconcordnc.gov.
Josh Legg
i
System Protection Superintendent
Water Resources
Phone [phone] • Fax [phone]

Hankins Land & Investment Co., LLC
Attn: Steven Hankins, RA
16501 Northcross Drive, Suite D
Huntersville, NC 28078
NORTH C A R O L I N A
High Performance Living
10000000100111
Civil Citation
November 7, 2011
Case No.: SWV-06-11
PLEASE TAKE NOTICE that the previously noticed violations of 1) Concord Code of Ordinances
(COO) Chapter 60, Article IV, Stormwater Quality Control and Management, Section 60- 46: 2) Concord
Development Ordinance (CDO), Article IV, Section 4.4.1, Stormwater Control; 3) Concord Development
Ordinance (CDO), Article IV, Section 4.4.3. Stormwater Control: Standards B. High -Density; 4)
Concord Development Ordinance (CDO), Article IV, Section 4.4.6. Stormwater Control: Maintenance of
Stormwater Control Measures and Devices; 5) CDO Article 5, Section 5.3.3. Considerations for
Approval.
NOTICE OF VIOLATION was issued and received by (insert name) on DATE requiring that the above
referenced property be brought into compliance with the Stormwater Utility Control and Management
Ordinance, and specifying how to accomplish that requirement. The time period of compliance with the
Order expired on DATE.
These/This violations subjects you to a civil penalty of TWO -HUNDRED DOLLARS ($200), beginning
on the DATE and a TWO -HUNDRED DOLLARS ($200) penalty for every day thereafter, until the
premises are brought into compliance with the Notice.
THE VIOLATION(S) MUST BE FULLY CORRECTED AND THE TOTAL AMOUNT OF THIS
PENALTY PAID IMMEDIATELY IN ORDER TO PREVENT FURTHER DAILY ACCRUAL
OF CIVIL PENALTIES.
If the accrued civil penalties are not paid within THIRTY (30) days of the date of receipt of this Citation,
the City may seek to recover the penalty and a Court order to enforce its ordinance, together with all costs
including attorney's fees, by filing a civil action in the general court of justice in Cabarrus County.
Failure to correct the violation(s) and/or to pay accrued penalties may also result in criminal charges
against you.
The accrued civil penalties must be paid to the City of Concord Finance Department, located at 26 Union
Street, S. between the hours of 8:00 AM and 5:00 PM, Monday through Friday.
Issued By:
Your Name
Your Title

STATE OF NORTH CAROLINA
In the General Court of Justice
Cabarrus County
Administrative Inspection Warrant
For Particular Condition or Activity
TO ANY LAWFUL OFFICIAL EMPOWERED TO CONDUCT THE INSPECTION
AUTHORIZED BY THIS
The applicant named on the accompanying affidavit, being duly sworn, has stated to me that there is a condition,
object, activity, or circumstance legally justifying an inspection of the property described in that affidavit. I have
examined this applicant under oath or affirmation and have verified the accuracy of the matters in the affidavit
establishing the legal grounds for this warrant. YOU ARE HEREBY COMMANDED TO INSPECT THE
PROPERTY IN THE ACCOMPANYING AFFIDAVIT.
This inspection is authorized to check or reveal the conditions, objects, activities, or circumstances indicated in the
accompanying affidavit.
This warrant must be served upon the owner or possessor of the property described in the accompanying affidavit.
If the owner or possessor is not present on the property at the time of the inspection and you have made reasonable
but unsuccessful efforts to locate the owner or possessor, you may instead serve it by affixing this warrant or a copy
to the property.
THIS WARRANT MAY BE EXECUTED ONLY BETWEEN THE HOURS OF 8:00 A.M. AND 8:00 P.M. AND
ONLY WITHIN 24 HOURS AFTER IT WAS ISSUED. IT MUST BE RETURNED WITHIN 48 HOURS AFTER
IT WAS ISSUED. HOWEVER IF THE WARRANT IS ISSUED PURSUANT TO A FIRE INVESTIGATION
AUTHORIZED BY G.S. 58-7-1. IT MAY BE EXECUTED AT ANY TIME WITHIN 48 HOURS AFTER IT
WAS ISSUED. IT MUST BE RETURNED WITHOUT UNNECESSARY DELAY AFTER ITS EXECUTION OR
AFTER 48 HOURS FROM THE TIME IT WAS ISSUED IF IT WAS NOT EXECUTED.
SWORN AND SUBSCRIBED TO BEFORE
Date/Time:
Signature:
Assistant CSC Deputy CSC
Magistrate Clerk of Superior Court
Superior Court Judge District Court Judge
OFFICER'S RETURN
I certify that this WARRANT was executed on the date and time shown below:
Date of execution Signature of inspecting Officer
Time of execution a.m./ .m.
CLERK'S ACCEPTANCE
This WARRANT has been returned to this office on the date and time shown below.
Date of return Signature
Time of return a.m./p.m.
Assistant CSC Deputy CSC Clerk of Superior Court
*IMPORTANT: Attach affidavit to Warrant if not on reverse side

STATE OF NORTH CAROLINA
In the General Court of Justice
Cabarrus County
I, Your Name, Your Title
Affidavit to Obtain
Administrative Inspection Warrant
For Particular Condition or Activity
(write your name and job position)
Being duly sworn and examined under oath, state that there is probable cause for
believing that there is:
Describe the thing for which you wish to search
(Describe condition, object, or circumstance, which the search is intended to check or reveal)
at the property owned or possessed by: Owner Name
Address
Concord, NC 28025
and described as follows: (precisely describe the property to be inspected)
Describer the place you want to search (Pin#)
The facts which establish probable cause to believe this area:
Explain your probable cause
Signature of Applicant:
SWORN AND SUBSCRIBED TO BEFORE
Date:
Signature:
Assistant CSC Deputy CSC
Magistrate Clerk of Superior Court
Superior Court Judge District Court Judge
*IMPORTANT: Attach affidavit to Warrant if not on reverse side.