NCS000482_ENG 3223 Issuing NOV Procedure_20220526

SOP No. ENG — 3223
MonroGty of Adoption Date: 12-09-2021
e Revision Date: 00 00 0000
1�J Approved:
Engineering
Erosion and Sedimentation Control
Notice of Violations and Notice of Continuing Violation Procedure
Purpose
To provide guidance and uniformity in the issuance of an ESC Notice of Violations (NOV) and Notice of Continuing
Violations (NOCV).
Procedure
• Perform ESC Site Inspection where site is in non-compliance. If the site has a land -disturbing activity taking
place without an approved plan, should one be required, proceed to step 6.
• Take pictures of deficiencies as needed and place them on the network under the project inspections file.
• Fill out Sedimentation Inspection Report in entirety. Reference ENG 3222 ESC Inspection Writing
Procedure.
a. Be sure to fill in when and whom it was given/sent to, date to comply with inspection form, and initials
over inspector's name.
b. Copies of all correspondence go in Inspector's file and to the Engineering Director.
• Re -inspect site as soon as possible after deadline.
• If site is still in non-compliance, repeat steps 2, 3a, 3b. Do not fill in a date to comply on the inspection
form. Note, if applicable, any steps that had been taken to comply with initial inspection report.
• Fill out ESC Penalty Assessment spreadsheet.
• Generate Notice of Violations (NOV). Include date of initial inspection, date of re -inspection, grace period
to comply with NOV (from date they receive NOV), items of non-compliance, and applicable fines (derived
from the penalty assessment) if the site is not brought into compliance.
• Send NOV via Certified Mail or Sheriff's Department to the Financially Responsible Party or their Registered
Agent. Copy Inspector's file, Engineering Director, NC DEQ. Keep copies of receipts in the Inspector's file.
• Re -inspect site as soon as possible after the grace period has expired (note that it is the Financially
Responsible Party's responsibility to contact the Erosion Control Inspector for a follow-up inspection).
• If site is still in non-compliance, repeat steps 2, 3a, 3b. Do not fill in a date to comply on the inspection
form. Note, if applicable, any steps that had been taken to comply with NOV.
• If substantial steps have been taken, a NOV Deadline Extension may be issued (repeat steps 8 and 9). Copy
Inspector's file, Engineering Director. Modify ESC Penalty Assessment spreadsheet as needed for steps
taken toward compliance.
• If site is in compliance, issue Notice of Compliance (NOC). Copy Inspector's file, Engineer's file. Resume
regular site inspections.
Once final deadline has passed, if the site is still non -compliant, issue a Notice of Continuing Violation
(NOCV) along with a civil citation for the amount of the initial penalty (as adjusted in step 11, if applicable).
Include date of initial inspection, date of re -inspection, initial grace period, initial grace period deadline,
extended deadline (if applicable), initial penalty amount, new grace period to comply with NOCV (from
date they receive NOCV), and daily penalty if they do not comply with NOCV by deadline.
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SOP No. ENG — 3223
Adoption Date: 12-09-2021
Revision Date: 00-00-0000
Approved:
• Send NOCV via Certified Mail or Sheriff's Department to the Financially Responsible Party or their
Registered Agent. Copy Inspector's file, Engineering Director. Keep copies of receipts in the Inspector's
file.
• Re -inspect site as soon as possible after grace period has expired (note that it is actually the Financially
Responsible Party's responsibility to contact the Erosion Control Inspector for a follow-up inspection).
• If site is still in non-compliance, repeat steps 2, 3a, 3b. Do not fill in a date to comply on the inspection
form. Note, if applicable, any steps that had been taken to comply with NOCV. Issue weekly civil citations
for the amount of the applicable daily penalties until the site is brought into compliance.
If site is in compliance, issue Notice of Compliance (NOC) and stop the assessment of daily penalties. Copy
Inspector's file, Engineering Director. Resume regular site inspections.
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