Enforcement response procedures (ERPs) identify the enforcement tools available to municipal staff to use if they observe noncompliance with your municipality's regulatory mechanisms for illicit discharge detection and elimination, construction stormwater runoff control, and post-construction stormwater management. The ERPs should identify the tools available for staff to use, such as notices of violation, stop work orders, or withholding of funds; who can use the enforcement tools; enforcement follow-up actions, such as follow-up inspections; how and when enforcement is escalated if the violation isn't corrected; and documentation requirements.
The MS4 General Permit requires permittees to develop and implement 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.
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: