NCS000240_CLT SWPCO ENF Guide 2021_20220930

City of Charlotte
Stormwater Pollution Control Ordinance
Enforcement Guidance
February 2021
The purpose of this document is to provide guidance for Charlotte -Mecklenburg Storm Water Services
("CMSWS") staff in enforcement response and remedies for violations of the Charlotte Stormwater
Pollution Control Ordinance (City Code Chapter 18, Sections 18-76 through 18-85 [Effective July 1 St,
2020]; ("Ordinance")). Staff will use best professional judgment in determining the appropriate
enforcement response for each case within these guidelines, recognizing that from time to time cases with
unique circumstances may arise requiring a unique response.
Violations are categorized into five classes based on their overall level of scope and severity. This level is
affected by three factors, which shall be considered for each case: (1) type of substance discharged; (2)
amount/volume discharged; and (3) impact that the discharge had on the overall environment,
water quality, habitat, wildlife, public health and/or property. Table 1 shows the violation classes
and corresponding level of scope and severity.
Table 1: Violation Classes
Violation Class
Scope and Severity of Violation
I
Negligible
11
Minor
III
Moderate
IV
Significant
V
Severe
The first level of enforcement response for every case will be the issuance of a Notice of Violation
(NOV). The second level of response will be the issuance of a Civil Penalty Assessment, when deemed
appropriate. The third level of response will be the issuance of additional Civil Penalty Assessments,
and/or the issuance of a Compliance Agreement, Compliance Order, Cease and Desist Order,
development permit withholdings, or the initiation of civil action to seek injunctive relief, when deemed
appropriate. In most cases, for a first offense that is a Class I, II or III violation, it is recommended that
no civil penalty will be issued. For a first-time violator who committed a lesser violation, it is usually
appropriate and sufficient to issue a NOV as an enforcement remedy to gain compliance and to serve as a
warning and means of education.
Civil penalties will not be issued for violations that are the result of circumstances beyond the control of
the violator provided that 1.) the violator promptly responds to address the violation and mitigate any
harm caused by the violation; 2.) the violation was not caused as a result of negligence on the part of the
violator; 3.) the violation did not cause significant harm to the environment or human health; and, 4.) the
appropriate regulatory authorities have been notified. These circumstances would include violations
caused by acts of nature, vehicle accidents, vandalism, fire, etc.
For cases where a civil penalty assessment is warranted, staff shall consider any relevant aggravating and
mitigating factors including, but not limited to, the following:

Aggravating Factors:
• Degree and extent of harm caused by the violation;
• Whether money was or could have been saved by non-compliance;
• Whether the violation was committed willfully or intentionally; and
• Prior record of the violator in complying or failing to comply with this article or any other
water pollution control ordinance or regulation.
Mitigating Factors:
• Cost of rectifying the damage;
• Whether the violator took reasonable measures to comply with this article;
• Knowledge of the requirements by the violator and/or reasonable opportunity or obligation
to obtain such knowledge;
• Whether the violator voluntarily took reasonable measures to restore any areas damaged by
the violation;
• Whether the violator reported the violation to the Director or other appropriate authority;
and
• Technical and economic reasonableness of reducing or eliminating the discharge.
Staff will utilize the Civil Penalty Assessment Worksheet shown in Appendix A to detail the
circumstances of the case and determine the total civil penalty amount. The first step will be to determine
a per day base penalty amount based on the violation class and the overall scope and severity of the
violation. This determination will include a review of the three factors discussed above and a
consideration of the aggravating factor "degree and extent of harm caused by the violation, " which is
essentially the same as the third base penalty factor, "impact that the discharge had on the overall
environment... "
A maximum per day base penalty amount for each violation class is shown in Table 2.
Table 2: Maximum Per Day Base Penalty Amounts
Violation Class
Scope and Severity of Violation
Maximum Per Day Base Penalty
I
Negligible
$500
II
Minor
$1000
III
Moderate
$2,500
IV
Significant
$5,000
V
Severe
$10,000
In addition, staff should review and consider the violation class determinations utilized in past civil
penalty assessment cases with similar circumstances that have occurred within the past three years. Upon
determining the per day base penalty amount, staff will review the additional aggravating and mitigating
factors for the case to determine an adjusted per day penalty amount, as follows:
1. Whether money was or could have been saved by non-compliance — To address this aggravating
factor, staff should review the circumstances of each case and use best professional judgment to
make a yes or no determination of whether or not money was or could have been saved by non-
compliance. A yes determination will result in an increase of 15% to the per day base penalty.
2

2. Whether the violation was committed willfully — To address this aggravating factor, staff should
review the circumstances of each case and use best professional judgment to make a yes or no
determination of whether the violation was committed willfully or intentionally. A yes
determination will result in an increase of 25% to the per day base penalty.
3. Prior record of the violator in complying or failing to comply — To address this aggravating factor,
staff should review the environmental file record to determine if the violator had any prior
violations of the Ordinance or any other water pollution control regulation within the past three
years. If prior violations are discovered during the review period, an increase of 50% to the per
day base penalty for each prior violation will result, up to a maximum of 200%. (Note: The prior
record of the violator is only considered in this factor, not the facility or location record. For
example, if a restaurant changed ownership, any prior violations at the location from the previous
ownership would not be considered against the violator, provided the ownership change actually
involved new persons.)
4. Cost of rectifying the damage — To address this mitigating factor, when a violator provides proper
documentation showing costs to mitigate the violation, staff should review the documentation to
confirm validity and relevance to the case and the violation mitigation. For confirmed relevant
costs, a decrease of 1% to the per day base penalty for every $100 in costs reported will result, up
to a maximum of 50%.
5. Whether the violator took reasonable measures to comply with this article — To address this
mitigating factor, when a violator takes timely and proper action to address and mitigate a
violation and is generally cooperative with CMSWS, staff should review the circumstances of
each case and use best professional judgment to make a yes or no determination of whether or not
reasonable measures were implemented to comply with the Ordinance. A yes determination will
result in a decrease of 10% to the per day base penalty.
6. Knowledge of the requirements by the violator — To address this mitigating factor, staff should
review the circumstances of each case and use best professional judgment to make a yes or no
determination of whether or not the violator had knowledge of the Ordinance requirements or had
reasonable opportunity to obtain the knowledge. A no determination will result in a decrease of
10% to the per day base penalty.
7. Whether the violator voluntarily took reasonable measures to restore any areas damaged by the
violation — To address this mitigating factor, staff should review the circumstances of each case
and use best professional judgment to make a yes or no determination of whether or not the
violator implemented voluntary measures to address the violation either before the violator was
notified of the violation and/or if the measures implemented were above -and -beyond the
corrective actions stated in their notice of violation. A yes determination will result in a decrease
of 10% to the per day base penalty.
8. Whether the violator reported the violation to an appropriate authority — To address this
mitigating factor, staff should review the environmental file record for the case to make a yes or
no determination of whether or not the violator reported the violation to CMSWS or another
appropriate regulatory authority prior to CMSWS or other regulatory authorities being made aware
of the violation. A yes determination will result in a decrease of 5% to the per day base penalty.

9. Technical and economic reasonableness of reducing or eliminating the discharge — To address
this mitigating factor, staff should review the circumstances of each case and use best professional
judgment to make a yes or no determination of whether or not the violator had the technical
knowledge or economic resources to reduce or eliminate the discharge. A no determination will
result in a decrease of 5% to the per day base penalty.
In addition, for cases involving sanitary sewer overflows from multi -family residential
communities, to address this mitigating factor staff should review the environmental file record to
make a yes or no determination of whether or not the violator has adopted and is properly
implementing a sanitary sewer system operation & maintenance plan for the community. A yes
determination will result in a decrease of 50% to the per day base penalty. This action recognizes
that, despite best efforts to prevent sanitary sewer blockages and overflows, poor behavior by
residents and other factors beyond the control of a multi -family community's ownership and
management may still cause an overflow to occur.
Once the adjusted per day penalty amount is determined, staff will use the worksheet to apply this amount
to the number of days in violation to calculate the total civil penalty.
In calculating the enforcement costs for each case, staff will review the level of time and effort involved
in investigating the case and preparing the related enforcement documents. This will result in classifying
the level of effort as minimal, moderate, or extensive. Generally, a minimal case will have a lower level
of labor and administrative effort (20 hours or less), a moderate case will have a greater level of labor and
administrative effort (20 to 40 hours), and an extensive case will have a significant level of labor and
administrative effort (greater than 40 hours). Staff enforcement costs will be then calculated based on a
percentage of the civil penalty amount with a minimal case being equal to 10%, a moderate case being
equal to 20%, and an extensive case being equal to 30%. The calculated enforcement cost is then added
to the civil penalty amount to determine the total civil penalty assessment.
The overall calculation of the total civil penalty assessment can then be expressed as: Total Civil Penalty
Assessment = [(Per Day Base Penalty + Aggravating Factors — Mitigating Factors) x Number of Days in
Violation] + Enforcement Costs
A Notice of Civil Penalty Assessment letter (Appendix B) specifying the amount of the total civil penalty
assessment will then be prepared to accompany the civil penalty assessment worksheet. These documents
form the penalty enforcement package which is first submitted to the City's NPDES Permit Program
Supervisor for review and then to the City's Surface Water Quality & Environmental Permitting Manager
("Manager") for final review and approval by signature.
After the notice is approved and signed by the Manager, it will be served upon the violator as allowed by
the Ordinance. The violator has the option within 30 days of receipt to either pay the entire civil penalty
or request an appeal hearing before the Charlotte -Mecklenburg Stormwater Advisory Committee. The
violator may also contact the Stormwater Pollution Control Ordinance Administrator to discuss additional
facts or circumstances that may not have been considered by Manager prior to issuing the penalty. This
discussion and review of additional facts may result in a reduction of the civil penalty amount if the
Manager deems appropriate.
If the violator fails to act within the 30-day timeframe, the violator forfeits the right to an appeal and must
pay the civil penalty. The violator will then be served, as allowed by the Ordinance, a Notice of Non -
Payment letter (Appendix C) and instructed to pay the civil penalty by a specified deadline. If the
al

violator fails to respond and pay the civil penalty, a Second Notice of Non -Payment letter (Appendix D)
will be issued by the City Attorney's Office and served as allowed by the Ordinance. If the violator still
fails to pay the penalty, staff will consult with the Manager and City Attorney's office to determine an
additional course of action which may include initiation of bill collection process, civil action, and/or
development permit withholding.
Effective Date: March 15, 2021
Approved by:
Marc Recktenwald
Surface Water Quality & Environmental Permitting Manager
Karen Weatherly
Senior Assistant City Attorney
Craig Miller
NPDES MS4 Permit Supervisor
Steve Jadlocki
Stormwater Pollution Control Ordinance Administrator
v. Feb 2021
5
2/8/2021_
Date
3/8/2021
Date
2/ 15/2021
Date
2/ 12/2021
Date

APPENDIX A
City of Charlotte
Stormwater Pollution Control Ordinance
Civil Penalty Assessment Worksheet
A. General Information:
Violator Name:
Violator Highest Ranking Official:
Civil Penalty Assessment Case #:
21-xx
Violation Date:
Violation Location:
, Charlotte, NC
Watershed Affected:
Creek - Basin #
Charlot#e-Mockleriburg
STORM
WATER
Services
21-xx
Ordinance Section Violated:
Chapter 18, Article III, Stormwater Pollution, Section 18-80(XXX)
Brief Description of Violation(s) (include dates, observations, sampling data,
etc.):
Date Violation Ceased:
NOV/NRE Issue Date:
NOV/NRE Received by Violator Date:
Corrective Action(s) Taken to Achieve Compliance:
Number of Days in Violation:
Adiustment in Days due to Circumstances beyond Violator's Control:
0

Number of Days in Violation (Adiusted):
Explanation for Adjustment:
Name and Title of CMSWS Lead Investigator:
xxxxxxxxxxx, Environmental Specialist or Inspector
Date Civil Penalty Worksheet Prepared:
Cityworks NOV Activity Report #:
B. Civil Penalty Assessment Calculation:
Violation Class:
Class
Basis for Determination: The ... Violation class scope/severity is determined to be "xxxxxx" due to
type of discharge material, amount/volume of discharge, and environmental impacts, therefore
recommended base penalty is $xxx.
Base per day penalty amount:
$0.00
Aggravating Factors:
1.) Whether or not the violator saved money by noncompliance: Yes or No
Comments: Violation was accidental due to blockage. There did not appear to be any intent to save
money. Violator likely saved money by not properly disposing No increase warranted.
Penalty Adjustment: 15% increase if money was or could have been saved by non- $0.00
compliance. Increase for aggravating factor #1 =
Comments: Violation was accidental due to blockage. Violation appeared to be willful and intentional
No increase warranted.
Penalty Adjustment: 25% increase if violation was committed willfully/intentionally.
Increase for aggravating factor #2 = $0.00
3.) Prior record of the violator in complying or failing to comply with this
Stormwater Pollution Control Ordinance ("Ordinance") or any other water
pollution control ordinance or regulation (enter number of prior violations of the 0
Ordinance or other water pollution control ordinance or regulation in past 3
years):
Comments: Violator had one previously documented violation on xx/xx/20xx. Violator had no
documented violations within past three years. Increase warranted.
Penalty Adjustment: 50% increase for each violation within past 3 years prior to $0.00
current violation (maximum 200% increase). Increase for aggravating factor #3 =
Total for Aggravating Factors =
Mitigating Factors:
4.) Cost of rectifying the damage: $0.00
7

Comments: Violator did not report any actual discharge clean-up or remediation cost documentation.
Violator reported actual discharge clean-up and remediation cost documentation. No decrease
warranted.
Penalty Adjustment: 1% reduction for every $100 in expenditures up to $5,000 $0.00
(maximum 50% reduction). Reduction for mitigating factor #1 =
2.) Once notified of the violation, whether the violator took reasonable measures Yes
to comply with the Ordinance:
Comments: Violator implemented timely actions to address the violation and make corrective actions to
prevent further discharges. Decrease warranted.
Penalty Adjustment: 10% reduction if reasonable measures were implemented,
provided they were taken within a reasonable time frame upon receiving notice. $0.00
Reduction for mitigating factor #2 =
3.) Knowledge of the requirements by the violator and/or reasonable opportunity Yes or No
or obligation to obtain such knowledge:
Comments: Violator had received previous NOVs; therefore, had prior knowledge of the Ordinance.
No decrease warranted.
Penalty Adjustment: 10% reduction if the violator did not have knowledge of
Ordinance requirements or reasonable opportunity or obligation to obtain the $0.00
knowledge. Reduction for mitigating factor #3 =
4.) Whether the violator voluntarily took reasonable measures to restore any Yes or No
areas damaged by the violation:
Comments: Violator did not conduct any clean-up or restoration activities. Violator conducted only
minimal clean-up and restoration activities. No decrease warranted.
Penalty Adjustment: 10% reduction if voluntary measures were taken either before
the violator was notified of the violation and/or the measures implemented were $0.00
above -and -beyond the corrective actions stated in their notice of violation. Reduction
for mitigating factor #4 =
5.) Whether the violator reported the violation to an appropriate authority: Yes or No
Comments: Violator did not report the violation on their own. No decrease warranted.
Penalty Adjustment: 5% reduction if the violator reported the violation to Charlotte -
Mecklenburg Stormwater Services or other appropriate authority. Reduction for $0.00
mitigating factor #5 =
6a.) Technical and economic reasonableness of reducing or eliminating the Yes or No
discharge:
Comments: Violator is a xxxxxx business that ........... Violator has the technical and economic
resources to eliminate discharge potential. No decrease warranted.
Penalty Adjustment: 5% reduction if the violator did not have the technical
knowledge or economic resources to reduce or eliminate the discharge. Reduction for $0.00
mitigating factor #6a =
6b.) For multi -family residential SSO cases - Has the violator adopted a sanitary N/A
sewer system O & M plan, and is the plan being properly implemented:
Comments: N/A
N.

Penalty Adjustment: 50% reduction if the violator has adopted a Sanitary Sewer
System O & M plan and is properly implementing the plan. Reduction for mitigating $0.00
factor #6b =
Total for mitigating factors = L $0.00
Adjusted Per Day Civil Penalty Amount (Base per day penalty amount + total for $0.00
aggravating factors — total for mitigating factors) _
Total number of days in violation: 0
Total Civil Penalty = $0.00
Penalty Collection Costs (associated payment processing costs incurred by City) _ $0.00
Penalty Collection Costs are actual City penalty payment processing costs or 10% of 0.10
Total Civil Penalty (whichever is less). City processing costs estimated at $150.
Restoration and Cleanup Costs incurred by the City (if City spent money to $0.00
conduct remediation and repairs due to violator negligence) _
Comments: N/A
Total Civil Penalty Assessment = $0.00
List of Witnesses:
XXXXXX, CMSWS
IC. Signatures Verifying the Information Provided Above:
CNfkWbUM
STORM
WATER
s
By my signature I do hereby affirm that the information provided in this document is
accurate to the best of my knowledge based on information made available to me in 2') —icic
this matter.
Staff of Charlotte -Mecklenburg Stormwater Services:
Marc Recktenwald Date
City of Charlotte - Surface Water Quality & Environmental Permitting Program
Manager
Craig Miller Date
City of Charlotte - NPDES MS4 Permit Supervisor
Steve Jadlocki Date
City of Charlotte - Stormwater Pollution Control Ordinance Administrator
9

xxxxxxx
Mecklenburg County LUESA - WQ Supervisor
Date
xxxxxxx Date
Mecklenburg County LUESA - Environmental Specialist or Inspector
D. Attachments:
Investigation Photos:
�0,50
N99 4
Photo 1: Discharge at facility site. Photo by xxx, date.
10

APPENDIX B
_<DATE>
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
COMPANY FULL FULL LEGAL NAME>
Attention: _<Mr. or Ms.> _<HIGHEST RANKING OFFICIAL>, _<TITLE>
WADDRESS>
CITY, STATE, ZIP>
Subject: NOTICE OF CIVIL PENALTY ASSESSMENT
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a)
Illicit Dischar ie s
Case Number <xx-xx>
Dear _<Mr. or Ms> _<LAST NAME OF RANKING OFFICIAL>
On _<DATE>, _<COMPANY FULL LEGAL NAME> was issued a Notice of Violation (NOV) for violation of the
City of Charlotte ("City") Code of Ordinances, Chapter 18, Article III, Stormwater Pollution Control Ordinance ("Ordinance").
The NOV was issued for a discharge of _<State the Violation> at _<Location> in Charlotte, NC.
The NOV states that _<COMPANY FULL LEGAL NAME> (hereafter "_<COMPANY SHORT NAME>") is
subject to civil penalties of up to Ten Thousand Dollars ($10,000.00) per day beginning with the first day of violation and
every day thereafter until the violation has ceased. As a result of the violation, a civil penalty is hereby assessed against
COMPANY FULL LEGAL NAME> in the amount of _<SPELL AMOUNT> Dollars and _<SPELL
AMOUNT or No> Cents ($x,xxx.xx).
The undersigned, as Manager of the City of Charlotte Stormwater Services - Surface Water Quality and Environmental
Permitting Program, has assessed the civil penalty pursuant to Section 18-83(c) of the Ordinance. In determining the amount
of the civil penalty, the following aggravating and mitigating factors were considered:
• Degree and extent of harm caused by the Violation;
• Whether money was or could have been saved by non-compliance;
• Whether the Violation was committed willfully or intentionally;
• Prior record of the Violator in complying or failing to comply with this article or any other water pollution
control ordinance or regulation;
• Cost of rectifying the damage;
• Whether the Violator took reasonable measures to comply with this article;
• Knowledge of the requirements by the Violator and/or reasonable opportunity or obligation to obtain such
knowledge;
• Whether the Violator voluntarily took reasonable measures to restore any areas damaged by the Violation;
• Whether the Violator reported the Violation to the Director or other appropriate authority; and
• Technical and economic reasonableness of reducing or eliminating the Violation.
Within thirty (30) days of receipt of this notice, _<COMPANY SHORT NAME> must do one of the following:
Submit full payment of the assessed civil penalty in the form of a check payable to "City of Charlotte - Stormwater
Services";
-OR-
II

2. Submit a formal written request for a public hearing before the Charlotte -Mecklenburg Stormwater Advisory
Committee (SWAG), including in the request a statement of the factual or legal issues in dispute and a check payable
to "Mecklenburg County" for a $100.00 filing fee. Be advised that SWAC has the option of increasing or decreasing
the assessed civil penalty. Relief from an adverse determination by the SWAC is by appeal to the Superior Court of
Mecklenburg County.
For questions, appeal hearing request forms, or other information concerning the SWAC public hearing and appeal process,
please contact Mr. Steve Jadlocki at 704-336-4398 prior to submitting a written request for an appeal hearing to SWAC.
The check payment of the civil penalty; or a written request for a hearing before the SWAC (including $100.00 filing fee)
should reference the Case Number shown on the first page of this notice. Please send payment of the civil penalty; or a
request for an appeal hearing with filing fee to:
City of Charlotte - Stormwater Services
Attention: Mr. Steve Jadlocki
600 East 4Ih Street, 14'b Floor
Charlotte, NC 28202
Please be aware that payment of this civil penalty will not foreclose further enforcement action against _<COMPANY
SHORT NAME> for any other continuing or new violations of the Ordinance, and that _<COMPANY SHORT NAME>
is responsible for continued compliance with the Ordinance. For your information, the Ordinance is available for review on the
Internet at:
hlWs://charlottenc.gov/StormWater/SurfaceWaterQualiiv/Pages/PollutionControlOrdinances.aspx Copies of the Ordinance are
also available in print or digital format from CMSWS upon request.
Failure to exercise one of the aforementioned options will result in the initiation of civil action against _<COMPANY
SHORT NAME> to collect the civil penalty. In addition, the City of Charlotte may seek an injunction to prevent further
activity at the site.
Should you have any questions concerning this matter or need additional information, please contact Steve Jadlocki at 704-
336-4398.
Your prompt cooperation and attention to this matter is requested.
Sincerely,
Marc Recktenwald
Surface Water Quality and Environmental Permitting Program Manager
City of Charlotte — Stormwater Services
Enclosure: Copy of Notice of Violation, _<DATE OF NOV>
cc: Karen Weatherly, City Attorney's Office
12

APPENDIX C
_<DATE>
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
COMPANY FULL FULL LEGAL NAME>
Attention: _<Mr. or Ms.> _<HIGHEST RANKING OFFICIAL>, _<TITLE>
�ADDRESS>
CITY, STATE, ZIP>
Subject: NOTICE OF NON-PAYMENT
CIVIL PENALTY ASSESSMENT
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a)
Illicit Dischar e s
Case Number <xx-xx>
Dear _<Mr. or Ms> _<LAST NAME OF RANKING OFFICIAL>:
On DATE>, _<COMPANY FULL LEGAL NAME> was issued a Civil Penalty Assessment in the amount of
AMOUNT> for violation of the City of Charlotte ("City") Code of Ordinances, Chapter 18, Article III, Stormwater
Pollution Control Ordinance ("Ordinance"). A copy of the Assessment is enclosed for reference.
Please be advised that to date, our office has not received payment for the Civil Penalty Assessment. To be compliant with the
Ordinance and the Civil Penalty Assessment, _<COMPANY FULL LEGAL NAME> must make payment of
_<AMOUNT> to the City. Please submit full payment for this amount in the form of a check payable to "City of
Charlotte-Stormwater Services" by _<DATE>.
The payment of the civil penalty should reference the Case Number shown above. Please send payment to:
City of Charlotte-Stormwater Services
Attention: Steve Jadlocki
600 East 41h Street, 14' Floor
Charlotte, NC 28202
Please be aware that payment of this civil penalty will not foreclose further enforcement action against any other continuing or
new violations.
Failure to make payment will result in the initiation of civil action against _<COMPANY FULL LEGAL NAME> to
collect the civil penalty assessment. In addition, the City of Charlotte may seek an injunction to prevent further activity at the
site.
If you have any questions or need additional information, please contact Steve Jadlocki at 704-336-4398.
Sincerely,
Craig Miller
NPDES MS4 Permit Supervisor
Charlotte Storm Water Services
Enclosure: Copy of Civil Penalty Assessment, _<DATE>
cc: Karen Weatherly, City Attorney's Office
13

APPENDIX D
_<DATE>
PROCESS SERVICE DELIVERY
VIA <XXXX>
COMPANY FULL FULL LEGAL NAME>
Attention: _<Mr. or Ms.> _<HIGHEST RANKING OFFICIAL>, _<TITLE>
19ADDRESS>
CITY, STATE, ZIP>
Subject: SECOND NOTICE OF NON-PAYMENT
CIVIL PENALTY ASSESSMENT
CITY OF CHARLOTTE
CODE OF ORDINANCES
Chapter 18, Article III
Stormwater Pollution
Section 18-80(a)
Illicit Dischar e s
Case Number <xx-xx>
Dear _<Mr. or Ms.> _<LAST NAME OF RANKING OFFICIAL>:
On DATE>, _<COMPANY FULL LEGAL NAME> was issued a Civil Penalty Assessment in the amount of
AMOUNT> for violation of the City of Charlotte ("City") Code of Ordinances, Chapter 18, Article III, Stormwater
Pollution Control Ordinance ("Ordinance"). A copy of the Assessment is enclosed for reference.
Please be advised that to date, the City has not received payment for the Civil Penalty Assessment. To be compliant with the
Ordinance and the Civil Penalty Assessment, _<COMPANY FULL LEGAL NAME> must make payment of
_<AMOUNT> to the City. Please submit full payment for this amount in the form of a check payable to "City of
Charlotte-Stormwater Services" by _<DATE>.
The payment of the civil penalty should reference the Case Number shown above. Please send pavment to:
City of Charlotte-Stormwater Services
Attention: Steve Jadlocki
600 East 41h Street, 14' Floor
Charlotte, NC 28202
Please be aware that payment of this civil penalty will not foreclose further enforcement action against any other continuing or
new violations.
Failure to make payment will result in the initiation of civil action against _<COMPANY FULL LEGAL NAME> to
collect the civil penalty assessment. In addition, the City of Charlotte may seek an injunction to prevent further activity at the
site.
If you have any questions or need additional information, please contact Steve Jadlocki at 704-336-4398.
Sincerely,
Karen Weatherly
Senior Assistant City Attorney
Enclosure: Copy of Civil Penalty Assessment, _<DATE>
cc: Steve Jadlocki, CMSWS
14