Post-Inspection/Enforcement Activities

1. Post-Inspection/Enforcement Activities DannasBerchtold Steve Mayville Rich Muhl Course Overview • Introduction and Inspector Qualifications • Pre-Inspection Preparation • Construction Site Compliance Evaluation • Field Monitoring at Construction Sites • Compliance Inspection Reports • Compliance Inspection Data Management • Compliance Enforcement Activities • Case Study

2. Our chief goal is compliance, not enforcement. But what we have learned is that without a strong enforcement program, you cannot reasonably expect compliance.

3. Water Quality Enforcement PolicyEffective May 20, 2010 Fair, firm and consistent enforcement Progressive levels of enforcement Priorities based on actual or potential impact to beneficial uses or regulatory program Administrative civil liability assessment methodology Emphasis on recording data and communicating information to the public and regulated community Post-Inspection/Enforcement Activities

4. Informal Enforcement Action • Verbal Warning • Staff Enforcement Letter • Notice of Violation Post-Inspection/Enforcement Activities

5. Example Notice of ViolationRegion 1 – “quick hitter” NOV Post-Inspection/Enforcement Activities

6. Formal Enforcement • Notice to Comply • Notice of Non-Compliance (Annual Report/Non-Filer) • Technical Reports and Investigations (13267 Letters) • Cleanup and Abatement Order • Cease and Desist Order • Administrative Civil Liability • Maximum: California Water Code • Assessed: Water Quality Enforcement Policy, Penalty Calculation Methodology Post-Inspection/Enforcement Activities

7. Coordination with other agencies that have concurrent enforcement authority Referral to Attorney General Injunctive relief Monetary remedies Joint enforcement with Department of Fish and Game County District Attorney Environmental Circuit Prosecutor Joint enforcement with U.S. EPA Administrative (civil) remedies Assistant U.S. Attorney Post-Inspection/Enforcement Activities

8. Inspection/ViolationReports Documentation is anything that helps establish the foundation, authenticity or relevance leading to the truth of a matter. It may become evidence itself. Photos, notes, reports and records are all examples of documentation. Post-Inspection/Enforcement Activities

9. Inspection/ViolationReports (cont.) A good report will describe: What you have observed What you have heard What you have been told (interviews) What you have researched (permit, regulations, enforcement policy, internet info) Post-Inspection/Enforcement Activities

10. Inspection/ViolationReports (cont.) Document the elements of the violation: What are the facts? (the 5 Ws +) What, Where, When, Who, Why & How What was violated? What was the duration of the violation? What harm did the violation cause? To what degree was the LRP culpable? Was the violation mitigated? How? What is the compliance history? Post-Inspection/Enforcement Activities

11. Inspection/ViolationReports (cont.) Document the elements of the violation: Permit Requirement: “Risk Level 1 dischargers shall establish and maintain effective perimeter controls and stabilize all construction entrances and exits to sufficiently control erosion and sediment discharges from the site.” Permit Requirement: “Risk Level 1 dischargers shall provide effective soil cover for inactive areas and all finished slopes, open space, utility backfill, and completed lots. Inactive areas of construction are defined as areas of construction activity that have been disturbed and are not scheduled to be re-disturbed for at least 14 days.” Post-Inspection/Enforcement Activities

12. Inspection/ViolationReports (cont.) Good Report Writing: Know your audience Regional Board (Administrative Hearing) County District Attorney (Civil Or Criminal Proceeding) Assistant US Attorney (Civil Or Criminal Proceeding) Tell a story or a chronology of events Incorporate photos and sampling analysis results  Explain relevance of what photos depict Explain significance of analytical results Post-Inspection/Enforcement Activities

13. Inspection/ViolationReports (cont.) Remember to: • Use good grammar and spelling (this can reflect on your thoroughness or lack thereof) • Be clear and concise • Use active voice • Be accurate (avoid speculation) • Avoid jargon or slang where possible • Your supervisor should limit their edits to your report • Clarification vs. speculation • Write your report as soon as possible Post-Inspection/Enforcement Activities

14. Course Overview Introduction and Qualifications Pre-Inspection Preparation Construction Site Compliance Evaluation Field Monitoring at Construction Sites Compliance Inspection Reports Compliance Inspection Data Management Compliance Enforcement Activities Case Study Post-Inspection/Enforcement Activities