image showing workers at a construction site
Staff evaluating a construction site

Enforcement response procedures

The MS4 General Permit requires permittees to develop and implement enforcement response procedures (ERPs) to compel compliance with the regulatory mechanisms for illicit discharge detection and elimination, construction stormwater runoff control, and post-construction stormwater management (MS4 General Permit Part III.B.1.). The ERPs should describe how the permittee will enforce observed noncompliance with the regulatory mechanisms.

Enforcement documentation

The MS4 General Permit requires permittees to document specific information related to enforcement actions, including verbal warnings, used by the permittee to compel compliance with their regulatory mechanisms (MS4 General Permit Part III.B.2.). For every enforcement action, the following must be documented, at a minimum:

  • Name of the person or party responsible for noncompliance
  • Date and location of the violation
  • Description of the violation, including a reference to the regulatory mechanism
  • Corrective actions and completion schedule to return the person or party to compliance
  • Date and type of enforcement used (e.g. verbal warning, written notice, citation, stop work order, withholding of local authorizations)
  • Referrals to other regulatory organizations, if any
  • Date the violation was resolved