19_Enforcement SOP

The City of Greensboro
Stormwater Management Division
Administrative Procedures for
Completing an Enforcement Action
REEN B R
Chapter 30
City of Greensboro
Stormwater Management Ordinance
Created: March 29, 2000
Revised: February 5, 2002
2nd Revision: February 2012

Table of Contents:
page #
I. Discovery and Documentation of Violation...................................3
II. Issuance of NOV's..................................................................3
III. Initiation of a Civil Penalty.......................................................4
IV. Appeals Process...................................................................5
V. Violation Corrected.................................................................5
VI. Filing and Document Storage...................................................5
Attachments:
1. Storm Water Management Ordinance Violation Report
2. Contact Log for Enforcement Tracking
3. "1st NOV" letter
4. "2nd NOV" letter
5. "Notice of Assessment of Civil Penalty" letter
6. "Notice of Violation: Correction" letter
7. "Findings and Decision and Assessment of Civil Penalty" form
8. "Cost to the City of the Enforcement Procedures" form
9. "Considerations for Assessment of Penalty" form
10. Enforcement Flow Chart
11. Chapter 30 - City of Greensboro Storm Water Management Ordinance

Step I: Discovery and Documentation of Violation
A discovery of a violation of the City of Greensboro 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 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" (see attached)
should be used to initiate an enforcement action. Complete this form in its entirety
immediately following discovering of the violation. The violation report form should be
discussed and reviewed with your supervisor to ensure consistent interpretation of the
ordinance. 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 Greensboro Code of Ordinances (give section and numbers) 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 your supervisor for approval
within 24 hours following verbal notification to the violator.
The violation report 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 supervisor will review the NOV within 24 hours
and the Stormwater Management Division manager will be notified. Following notification
of the manager, the inspector will prepare a final copy of the NOV, sign and mail it via
certified mail or other approved delivery method (FedEx, hand delivery, etc...) 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 90 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. 11
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. Upon inspection, if the site is found in
compliance, the inspector should verbally notify the violator that they are no longer in
violation. Additionally, inform the violator that they will receive a "correction" letter (see
attached) via certified 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 second NOV 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 second NOV will give up to an additional 30 days to
comply with the ordinance.
On the compliance date listed on the 2nd NOV, the inspector should conduct a follow-up
inspection to ensure compliance with the ordinance. Upon inspection, if the site is found in
compliance, the inspector should verbally notify the violator that they are no longer in
violation. Additionally, inform the violator that they will receive a "correction" letter (see
attached) via certified mail. All documentation should be filed accordingly (see Step VI:
Filing and Document Storage). If the violator is still in non-compliance following the 2nd
NOV, 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 Manager and determine whether or not to assess
a civil penalty.
Step III: Initiation of a Civil Penalty
If all attempts to work with the violator have failed and 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 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 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 "Notice of Assessment of Civil Penalty" letter via
certified mail within 24 hours of verbal notification. The return receipt from the certified
mail will be attached to the Notice of Assessment of Civil Penalty 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 Greensboro 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 premises where the violation occurred and the levy shall be collected in
the same manner as unpaid taxes.
Step IV: Appeals Process
Pursuant to City of Greensboro City Code Chapter 30-12-7.7(A1), "Any person assessed a
civil penalty... shall have the right to a hearing before the Stormwater Management Division
upon making a written demand to the Division specifying the issues to be contested within
30 days following receipt of the Notice of Assessment of Civil Penalty". If no written
request for appeal is submitted within the 30-day limit, the assessment shall be final and
binding.
If the penalty is contested, Stormwater Management shall make a decision on the
contested penalty within 30 days of the receipt of the written demand for a hearing.
Should an appeal hearing be scheduled, a preliminary meeting between a City legal dept.
representative and Stormwater Management (excluding the Stormwater Manager) should
be held to inform the City's legal representative of all the facts and findings involved in the
case and to ensure that Stormwater will be accurately represented during the appeal
hearing. The Stormwater Manager should be excluding from this preliminary meeting so
that he/she can remain as partial and objective as possible during the appeal hearing. The
Stormwater Manager will make a final decision following the appeal hearing. The
Stormwater Manager may take a short recess to weigh the arguments that had been
presented, but he/she should not necessarily consult with the City's legal representative
while making a final decision.
Stormwater Management will inform the violator of the final decision in person or by phone,
followed by certified mail/return receipt requested. The returned receipt will be attached to
the corresponding letter.
Step V: Violation Corrected
When the violation has been corrected, a follow-up compliance inspection shall be
conducted immediately. If the site is found in compliance, the inspector should verbally
notify the violator and rely that the assessment will cease immediately. The violator will
then be sent a "correction" letter (see attached) via certified 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, Ch.30 of the City
ordinance, this instructional document, and other enforcement related items will be filed in
Y. Imysticl Storm_mgmtlby_section lby_waterqualitylby_projectslEnforcementlEnforcement
procedures as read-only documents. These documents (when used) should be copied to
Y. ImysticlStorm_mgmtlby_sectionlby_waterqualitylby_ projectslEnforcementlEnforcement
files 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.
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 Water Quality cubicle area adjacent to the printer. 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.

Storm Water Management Ordinance
Violation Report
Location of incident:
Name of Responsible Party & Contact Person:
Responsible Party Contact Information (phone #, address, etc.):
Date Discovered:
Type Violation :
(check all that apply)
❑ Illicit Connection
❑ Does connection
pose a threat to public
health or safety
Discovered By: ❑ Citizen Complaint
❑
SW Maintenance
❑
Inspection
❑
Utilities
❑
Stream Monitoring
❑
Spills/Notifications
❑ Improper Disposal/Storage
❑
Process/Waste Water
❑
Bulk Product
❑
Household Product
❑
Yard Waste
❑
Organic Waste
❑
Litter and Refuse
❑
Other:
❑ Fish/Biological Life Killed. Number of Fish/organisms:
❑ Does violation require notification of State. If so, date State was notified:
❑ Operator has NPDES Storm Water Discharge Permit No. NCG
❑ Violation located in Municipal Watershed. Watershed Name:
❑ Can the violation result in penalties assessed by the state against the City of Greensboro? If so, describe the
penalties and the amount of possible penalties.
Describe the Following:
1. The details of the violation including the sections of Charter 30 being violated (include additional pages
if necessary):
2. Attach any support documentation such as the results of dye studies, TV system investigations,
photographs and maps.
6

3. The degree and extent of harm to the natural resources, to the public health, or to the public or private
property, resulting from the violation. Include a description of the pollutant entering the storm sewer
system:
4. The duration and gravity of the violation:
5. The effect of ground water or surface water quality or on air quality:
6. The estimated cost of rectifying the damage:
7. The estimated amount of money saved by noncompliance (describe how the estimate was determined).
8. If the violation was committed willfully or intentionally, describe the evidence leading to this
conclusion:
9. The prior record of the violator in complying or failing to comply with the storm water quality
management program:
10. Type of violator and general nature of business (i.e. individual vs. large company)
11. Violators degree of cooperation (including efforts to prevent future violations and/or restore effective
areas) or recalcitrance:

12. Mitigating circumstances:
13. Owner of property where the discharge occurred.
Violation Report Prepared by:
Date
Greensboro Police/Fire Communications
Guilford Co. Environmental Health
Stormwater Management Division
Water Quality Supervisor
Emergency Numbers
NCDENR (Winston Regional Office)
Guilford Co. Dept. of Emergency Management
N. C. Division of Emergency Management
National Response Center
(For CERCLA List chemical spills/transportation emergencies)
State Warning Point (Non -business hours)
8
Date
336-373-2222
336-641-3771
336-771-5000
336-641-2278
1-919-733-3867
1-800-424-8802
1-800-662-7956

Contact Log for Enforcement Tracking
Date:
Type of Contact (On -site, telephone/voicemail, letter, etc.):
Contact with whom (name and position/title):
Contact phone number (if applicable):
Nature of Contact:
Date:
Type of Contact (On -site, telephone/voicemail, letter, etc.):
Contact with whom (name and position/title):
Contact phone number (if applicable):
Nature of Contact:
Date:
Type of Contact (On -site, telephone/voicemail, letter, etc.):
Contact with whom (name and position/title):
Contact phone number (if applicable):
Nature of Contact:
Date:
Type of Contact (On -site, telephone/voicemail, letter, etc.):
Contact with whom (name and position/title):
Contact phone number (if applicable):
Nature of Contact:

Logo return address and
All telephone numbers
should include FAX and e-mail
Requested
<<Date >>
<<Highest Ranking Local Official Name, Title>>
«Company/Business»
<<Corporate Address>>
RE: Notice of Violation
City of Greensboro Code of Ordinances
Chapter 30, Article 12, Section 7.<<(?)>>
Violation location: «123 Anystreet»
Dear Mr./Ms.<<Highest Ranking Local Official name>>:
Certified Mail - Return Receipt
First Class Mail
The City of Greensboro Stormwater Management Division has found that <<company name>> located at <<location
address>> in Greensboro, North Carolina «is/was» in violation of City of Greensboro Code Chapter 30, Article 12,
Section 7.<<(?)>> which states:
♦ Applicable text from Ordinance
The violation was determined by <<employee name>> of Stormwater Management on <<date>>, following and on -site
observation at <<location address>> which revealed the following condition(s):
♦ List facts that demonstrate violation
To comply with Chapter 30 of the City of Greensboro Code of Ordinances, it will be necessary to conduct the following
<<#>> corrective action(s):
♦ List what is required for compliance
♦ Restore any affected areas to their original existing condition.
♦ Provide this office with written notification before<<15 or 30 days>> explaining actions taken to prevent
future discharges to the storm drainage system. Please send written notification to the following address:
Stormwater Management Division, Attn: <<employee name>>
P.O. Box 3136, Greensboro, NC 27402-3136
In accordance with the City of Greensboro Code of Ordinances, failure to comply with this notice may result in a civil
penalty of up to <<$5000 or 500>> per day. Each subsequent violation is subject to incrementally increasing penalties
of up to an additional <<$5000 or 500>> per day. Furthermore, any penalties assessed against the City by the State as
a result of the violation will be added to the civil penalty.
Stormwater Management staff will conduct a follow-up inspection/investigation on <<same as 15 or 30 day date
above>> to ensure compliance with the aforementioned ordinance.
If you have any questions concerning this Notice of Violation, please contact me at «373-????>> and/or <<employee
name@greensboro-nc. gov>>
Sincerely,
<<name of employee>>
<<title>>
cc: Appropriate City/County Personnel
Appropriate State Office if necessary
Enforcement File
P.O. Box 3136 • Greensboro, NC 27402-3136 • www.greensboro-nc.gov 9 [phone] • TTY # 333-6930

Logo, return address and
All telephone numbers
should include FAX and e-mail
Certified Mail - Return
Receipt Requested First Class Mail
<<Date >>
<<Highest Ranking Local Official Name, Title>>
«Company/Business»
<<Corporate Address>>
RE: "Second" Notice of Violation
City of Greensboro Code of Ordinances
Chapter 30, Article 12, Section 7.<<(?)>>
Violation location: «123 Anystreet»
Dear Mr./Ms.<<Highest Ranking Local Official name>>:
The City of Greensboro Stormwater Management Division has found that <<company name>> located at <<location
address>> in Greensboro, North Carolina «is/was» in violation of City of Greensboro Code Chapter 30, Article 12,
Section 7.<<(?)>> which states:
♦ Applicable text from Ordinance
The violation was determined by <<employee name>> of Stormwater Management Division on <<date>>, following
and on -site observation at <<location address>> which revealed the following condition(s):
♦ List facts that demonstrate violation
To comply with Chapter 30 of the City of Greensboro Code of Ordinances, it will be necessary to conduct the following
corrective action(s):
♦ List what is required for compliance
♦ Please provide this office with written notification before<<30 days on second notice>> explaining actions
taken to prevent future discharges to the storm drainage system and restore any affected areas to their
original existing condition.
In accordance with the City of Greensboro Code of Ordinances, failure to comply with this notice may result in a civil
penalty of up to <<$5000 or 500>> per day. Each subsequent violation is subject to incrementally increasing penalties
of up to an additional <<$5000 or 500>> per day. Furthermore, any penalties assessed against the City by the State as
a result of this violation will be added to the civil penalty.
A follow-up inspection/investigation to this notice will be conducted by Stormwater Management Division staff on
<<same as 30 day date above>> to ensure compliance with the aforementioned ordinance.
Please be advised that a previous Notice of Violation was issued for the same aforementioned offense on <<date of 15`
NOV>>. If you fail to comply with this second notice, this violation will be forwarded to the Stormwater Management
Division Enforcement Officer with a recommendation for assessment of a civil penalty.
If you have any questions concerning this notice, please contact me at 373-2737.
Sincerely,
<<name of employee>>
<<title>>
cc: Appropriate City/County Personnel
Appropriate State Office if necessary
Enforcement File
P.O. Box 3136 • Greensboro, NC 27402-3136 • www.,greensboro-nc.gov • [phone] • TTY # 333-6930
10

Logo return address and
All telephone numbers
should include FAX and e-mail
<<Date >>
<<Highest Ranking Local Official Name, Title>>
«Company/Business»
<<Corporate Address>>
RE: Notice of Assessment of Civil Penalty
City of Greensboro Code of Ordinances
Chapter 30, Article 12, Section 7.<<(?)>>
Violation location: <023 Anystreet>>
Dear Mr./Ms.<<Highest Ranking Local Official name>>:
Certified Mail - Return Receipt
Requested First Class Mail
The City of Greensboro Stormwater Management Division has found that <<company name>> located at <<location
address>> in Greensboro, North Carolina «is/was» in violation of City of Greensboro Code Chapter 30, Article 12,
Section 7.<<(?)» which states:
♦ Applicable text from Ordinance
The violation was determined by <<employee name>> of Stormwater Management Division on <<date>>, following
and on -site observation at <<location address>> which revealed the following condition(s):
♦ List facts that demonstrate violation
To comply with Chapter 30 of the City of Greensboro Code of Ordinances, it was necessary to conduct the following
corrective action(s) by <<final compliance date from second NOV>>:
♦ List what was required for compliance
Please be advised that two previous Notice of Violations have been issued for the same aforementioned offense on
<<date of 1st NOV>> and <<date of 2"d NOV>>. This notice is to inform you that the corrective actions have not been
satisfactorily completed and a civil penalty in the amount of <<$??? Per day>> began on <<date penalty began>>.
As soon as the corrective actions are completed and Stormwater Management Division staff determines compliance
with the aforementioned ordinance, the assessment of civil penalty will cease.
In accordance with the City of Greensboro Code of Ordinances, Chapter 30, Article 12, Section 7.7(A1), "Any person
assessed a civil penalty shall have the right to a hearing before the Stormwater Management Division upon making a
written demand to the division specifying the issues to be contested, within (30) days following receipt of the
assessment." If you wish to appeal this assessment, please submit, in writing, the specific issues to be contested within
30 days.
If you have any questions concerning this notice, please contact me at 373-2737.
Sincerely,
Peter W. Schneider, Water Quality Supervisor
Stormwater Management Division
cc: Appropriate City/County Personnel
Appropriate State Office if necessary
Enforcement File
P.O. Box 3136 • Greensboro, NC 27402-3136 • www.,greensboro-nc.gov • [phone] • TTY # 333-6930
11

Logo return address and
All telephone numbers
should include FAX and e-mail
Certified Mail - Return Receipt Requested
First Class Mail
<<Date >>
<<Highest Ranking Local Official Name, Title>>
«Company/Business»
<<Corporate Address>>
RE: Notice of Violation: Correction
Greensboro Code Of Ordinances
Chapter 30, Article 12, Section 7.<<(?)>>
Violation location: <023 Anystreet»
Dear <<Highest Ranking Local Official>>:
Thank you for your assistance with the compliance of the above stated violation. Our most recent inspection conducted
on <<date of follow up inspection>> indicated the corrective actions undertaken in response to the above violation
were satisfactorily completed.
Please keep in mind, however, it is the owner/operator's responsibility to inspect any corrective measure or monitor any
newly adopted procedures to ensure continued compliance.
Again, thank you for your cooperation and if the Stormwater Management Division staff can be of assistance to you in
the future, please do not hesitate to contact me at «373-????>>.
Sincerely,
<<employee name>>
<<title>>
cc: Appropriate City/County Personnel
Appropriate State Office if necessary
Enforcement File
P.O. Box 3136 • Greensboro, NC 27402-3136 • www.greensboro-nc.gov • [phone] • TTY # 333-6930
12

IN THE MATTER OF << Name of Violator>>
FOR DISCHARGING POLLUTANTS INTO FINDINGS AND DECISION
THE STORM DRAIN SYSTEM IN VIOLATION AND ASSESSMENT OF
OF GREENSBORO CITY CODE CHAPTER 30, CIVIL PENALTY
ARTICLE 12, SECTION 7.3 (<<?>>).
Acting pursuant to Greensboro City Code Chapter 30, Article 12, Section 7.6(B) Civil Penalties, I, «SWS
Manager>>, Manager of Greensboro Stormwater Management Division, make the following:
FINDING OF FACT:
A. On <<DATE>>, Greensboro's Stormwater management division staff observed <<ACT OF
VIOLATION>> by <<VIOLATOR>> from the <<PLACE OF VIOLATION>> to the storm drain
system. The observation was made by Stormwater Management Division staff pursuant to
authority granted by Greensboro City Code Chapter 30, Article 12, Section 7.1 (A-D).
B. <<HIGHEST RANKING LOCAL OFFICIAL>> operates a <<TYPE OF BUSINESS» located at
<<LOCATION OF BUSINESS>>, Greensboro, NC 27
C. <<BUSINESS NAME>> had no valid permit for the above described activity.
D. Written notices of violation dated <<DATE OF 1s' NOV>> and <<DATE OF 2 d NOV>>
concerning the violations of Greensboro City Code Chapter 30, Article 12, Section 7.3(<<?>>)
and possible consequences of failure to comply were sent to <<HIGHEST RANKING LOCAL
OFFICIAL>> by Stormwater Management Division.
E. Verbal notices concerning the violation were issued to <<NAME OF CONTACT>> of <<NAME
OF BUSINESS>> on <<DATE OF VERBAL NOTICE>> and <<DATE OF 2n VERBAL
NOTICE>> by << SWS STAFF>> of Greensboro Stormwater Management Division.
F. The cost to the City for the enforcement procedures in the matter totaled <<COST TO CITY>>.
Based upon the above FINDINGS OF FACT, I make the following:
CONCLUSIONS OF LAW:
A. <<BUSINESS NAME>> is a "person" within the meaning of Greensboro City Code Chapter 30,
Article 15, Section 16.
B. The above cited discharge allowed <<PRODUCT OR TYPE OF DISCHARGE>> to be
discharged to the storm drain system in violation of Greensboro City Code Chapter 30, Article
12, Section 7.3<<?>>).
C. <<BUSINESS NAME>> received adequate notice and was given reasonable time to comply with
Greensboro City Code Chapter 30, Article 12, Section 7.3(<<?>>).
D. <<BUSINESS NAME>> may be assessed civil penalties in this matter pursuant to Greensboro
City Code Chapter 30, Article 12, Section 7.6 (A),(B),(C).(D)
E. The City's enforcement costs in this matter may be assessed against <<BUSINESS NAME>>
pursuant to Greensboro City Code Chapter 30, Article 12, Section 7.6 B (1-3).
F. The Manager, Greensboro Stormwater Management Division, pursuant to Delegation provided
for by Greensboro City Code Chapter 30, Article 12, Section 7.6, has the authority to assess civil
penalties in this matter.
Based upon the above FINDINGS OF FACT and CONCLUSIONS OF LAW, I make the following:
13

III. DECISION:
Accordingly, <<BUSINESS NAME>> is hereby assessed a civil penalty of:
$ For making a(n) <<TYPE OF VIOLATION OR DISCHARGE>> to the storm drain
system in violation of Greensboro City Code Chapter 30, Article 12, Section 7.3(«?»).
City's cost of enforcement.
$ Total Civil Penalty, which is <<%>> percent of the maximum penalty authorized by
Greensboro City Code Chapter 30, Article 12, Section 7.6.
SUBTOTAL AMOUNT DUE
$ Pursuant to Greensboro City Code Chapter 30, Article 12, Section 7.6-B.2 (e), (f), or
(g), increase amount of penalty by 25% for repeat violations, violations located within the watershed
areas, or failure to promptly report a spill, respectively.
TOTAL AMOUNT DUE
In determining the amount of the penalty, I have considered the following factors:
1. The degree and extent of harm to the natural resources, to the public health, or to the public
health, or to the public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality;
4. The cost of rectifying the damage;
5. The amount of money saved by non-compliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of the violator in complying or failing to comply with the storm water quality
management program, and;
8. The costs of enforcement to the City of Greensboro.
Peter W. Schneider, Water Quality Supervisor Date
14

The cost to the City of the enforcement procedures:
City of Greensboro Stormwater Management Division
Itemized costs of investigation and report preparation.
Inspector/Investigator Investigation/Report Preparation/Review
Typing/Filing/Copying
Hours @ $ /hr. $
Section Supervisor Review/Edit/Enforcement Preparation
Hours @ $ /hr. $
Financial Analyst Review and Processing
Hours @ $ /hr. $
Stormwater Manager Review and Approval
Hours @ $ /hr. $
Water Resources Director Review and Approval
Hours @ $ /hr. $
SUBTOTAL: $
Any fines/fees assessed against the city
by the state as a result of the violation: $
TOTAL CITY COST OF THE ENFORCEMENT PROCEDURE: $
15

Type
of Violation
Considerations for Assessing
Penalties
Illicit
Connection
Improper
Disposal
Bulk Sales
Household
products
Yard Waste
The degree and extent of the harm to the
natural resources, to the public health, or to
the public or private property resulting from the
violation.
The duration and gravity of the violation.
The effect on ground/surface water quality or
air quality resources.
The cost of rectifying the damage.
The amount of money saved by
noncompliance.
Whether the violation was committed willfully
or intentionally.
The prior record of the violator in complying or
failing to comply with the storm water quality
management program.
The cost of the enforcement to the City of
Greensboro.
Maximum Penalty Amount
$5,000.00
$5,000.00
$5,000.00
$500.00 11
$500.00
In addition to Max Penalty: If violation occurred within watershed boundary, increase penalty by 25%.
If a spill was not reported, increase by 25%
16

Violation
Detected
Supervisor and SWS
Mgr. discuss situation
on recommending
assessment of civil
penalty
Supervisor gives verbal
notice to violator and advises
of recommendation for civil
penalty if compliance is not
acheived following 2nd NOV
Attachment 10
Administrative
Procedures for Completing an Enforcement Action
Inspector investigates and
Inspector issues verbal
Inspector
Inspector
Inspector issues
documents impacts
lo
notification to violator with 24
lo
completes detailed
lo
discusses violation
10
written NOV within
hours
written report
with Supervisor
24 hours
Inspector conducts
Inspector
Inspector sends
Inspector
Inspector
Non-
follow-up
copyct
to
discusses violation
completes detailed
Compliance
compliance
supervisor &SWS
with Supervisor
written report
inspection by date
Manager
on NOV
Supervisor issues Supervisor Inspector conducts
2nd NOV within forwards copy of a follow-up
24hrs following 2nd NOV to SWS compliance
verbal contact Mgr. inspection by date
on 2nd NOV
Supervisor attachs enforcement
Inspector an
recommendation to completed Violation
Supervisor
Report, copies of all NOV's and any
complete
correspondence with the violator.
enforcement
Forward to SWS Mgr. for Departmental
recommendation
approval.
form.
Supervisor issues
"Notice of
SWS Mgr forwards
Assessment of Civil
Does violator
copies back to
Penalty" to violator
No
appeal within 30
Supervisor following
and forwards
days?
Dept. approvals
information to
Financial Analyst for
billing.
Non -
Compliance
Supervisor makes verbal
contact with violator to
discuss corrective actions
and inform of
recommendation for
assessment of civil penalty
Supervisor
No forwards copies of
all paperwork to
Collections Dept.
Hearing before I Ruling by SWS
Yes SWS scheduled and letter issued
explaining ruling.
Inspector Inspector rand
es
Compliance closes final letter and
NOV sends to violator
Inspector
Flle (Hard File:
completes detailed
and Computer
written report
Files)
Inspector
discusses with
Supervisor and
SWS Mgr
Compliance
Continued
assessment and/or
ce
t
lien on property
Possible Judicial
Review
17

Attachment 11
Link to
Ch. 30 Stormwater Management Ordinance
http://www.zoningplus.com/regs/greensboro/
18