County Planning and Building Department and Department of Public Works’ Enforcement Response Plan (ERP)
The County Planning and Building Department and Department of Public Works’ Enforcement Response Plan (ERP) provides guidance to Planning and Building Department and Department of Public Works staff regarding compliance with Provision C.6.b (Construction Site Control) of the NPDES Municipal Regional Stormwater Permit (MRP) and implementation and enforcement of the County’s Stormwater Ordinance and other applicable water quality regulations. The ERP pertains to construction site control inspections for projects that occur within the County road right-of-way, County-owned property, specific easements, and for work completed in connection with a County-issued permit on private property.
Provision C.6.b of the MRP requires monthly inspections during the wet season of all construction sites disturbing one or more acre of land and “high priority sites”, as determined by the municipality. These sites are referred to as Construction Stormwater Regulated Sites (SWRS) in the ERP. A subset of the SWRS sites, those construction sites within the ASBS watershed that involve soil disturbance and are subject to a building or grading permit, require weekly inspections during the wet season.
This ERP defines “Construction Stormwater Regulated Site (SWRS)” as:
- Any site with land disturbance of 1-acre or more, OR
- Hillside projects with ≥ 20% slope disturbing greater than or equal to 5,000 square feet, OR
- Any site that is deemed a “high priority site.” “High priority sites” involve land disturbance of less than 1-acre on the following site types:
- All sites where the scope of development or land alteration requires a Grading or Land Clearing Permit
- Project with land disturbance of:
- 1 sq. ft. or greater within the ASBS watershed*
- 1,000 sq. ft. or greater for areas within 100 feet of a creek, wetland, or coastline
- Any public project involving work within a waterway or any private project involving work within a waterway that requires a permit issued by the Planning and Building Department.
* Such projects sites require weekly construction inspections during the wet season. All other SWRS sites require monthly construction inspections during the wet season.
As required by the MRP, all violations must be corrected in a timely manner with the goal of correcting them before the next rain event but no longer than 10 business days after the violations are discovered. If more than 10 business days are required for compliance and an extension for compliance is granted, a rationale shall be recorded in the case file or electronic database. Otherwise, enforcement action shall be escalated immediately after a failed follow-up inspection to the next enforcement level per the Standard Enforcement Level Progression Flow Chart, including cancelation of any requested inspections, issuance of Stop Work Notices, and legal action.