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National Pollutant Discharge Elimination System (NPDES) Compliance & Enforcement Overview

National Pollutant Discharge Elimination System (NPDES) Compliance & Enforcement Overview. Steven Michael Kelly Florida Department of Environmental Protection. NPDES Stormwater Program.

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National Pollutant Discharge Elimination System (NPDES) Compliance & Enforcement Overview

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  1. National Pollutant Discharge Elimination System (NPDES) Compliance & Enforcement Overview Steven Michael Kelly Florida Department of Environmental Protection

  2. NPDES Stormwater Program • Regulate discharges of stormwater into surface waters of the State from certain municipal, industrial and construction activities • DEP began to implement the NPDES Stormwater Program on October 23, 2000

  3. NPDES STORMWATER PERMITTING UNIVERSE

  4. NPDES Stormwater Construction Generic Permits Issued by Calendar Year

  5. NPDES Stormwater Program

  6. Design and performance standards for stormwater management systems. Regulated by: Environmental Resource Permitting (ERP) FDEP Water Management Districts The NPDES Stormwater Program does not regulate:

  7. Enforcement Overview

  8. Enforcement Myth #1 • “The NPDES Stormwater Program generates revenue for their program through enforcement” – Myth • Fines or penalties are actually deposited into the Ecosystem Trust Fund. Our Program does not generate revenue by imposing fines.

  9. Enforcement Myth #2 • “The contractor for the NPDES Stormwater Program gets more money if they find violations.” - Myth • Our contractor does not receive additional payments or incentives for reporting / finding violations. Inspections are contracted by task order at a set rate. All compliance / enforcement decisions are made by Department staff.

  10. Types of Compliance / Enforcement

  11. Construction Site Evaluation Criteria • Inspectors focus on five primary elements: • Permit • Stormwater (Impact to receiving water or MS4?) • Plans (Is the SWPPP complete?) • Facility site review • Inspection Reports

  12. Evaluation System Example

  13. Enforcement Point System* Failure to obtain permit coverage = 16 points Failure to develop a SWPPP= 6 points *The Department may adjust the level of enforcement based on their discretion.

  14. Compliance Rates/Enforcement Actions (Since April 2001) Satisfactory = In-Compliance (No further action required)

  15. Enforcement Penalties • Penalty assessments based on • Extent of Deviation • Potential for Harm • Adjustment Factors • Multi-day violations • Penalties can also be assessed using 403.121, Florida Statutes (Environmental Litigation Reform Act-ELRA) • Since April 2001, penalties have ranged from $250 - $37,500. To date, $768,000* in penalties have been collected. *Includes penalties under NPDES Stormwater Multi-Sector Generic Permit

  16. Penalty Assessment Matrix

  17. Top 5 Compliance Problems 5. Failure to obtain NPDES Stormwater Permit coverage 4. Failure to develop a Stormwater Pollution Prevention Plan (SWPPP) 3. Failure to implement BMPs identified in the SWPPP 2. Failure to conduct / document weekly inspections 1. Failure to maintain sediment / erosion controls

  18. Program Updates • Working to develop I-NOI system • Would allow the submittal of Notices of Intent online. • Planning on conducting more field inspections • Continue outreach and education to improve compliance rates

  19. NPDES Stormwater Contacts • Sarah Jozwiak, MS4 Coordinator , 850-245-7523 • Sara.Jozwiak@dep.state.fl.us • Jessica Kleinfelter, Compliance./Enforcement Manager, 850-245-7589 • Jessica.Kleinfelter@dep.state.fl.us • Steven Michael Kelly, Environmental Consultant (Permitting Questions) • 850-245-7518 • Steven.Kelly@dep.state.fl.us • For updates and info visit: http://www.dep.state.fl.us/water/stormwater/npdes

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