City of Milpitas

Enforcement Response Plan

For Industrial/Commercial Site Control Stormwater

Program

In fulfillment of the San Francisco Bay Municipal Regional

Stormwater NPDES Permit

Order R2-2022-0018-Provision C.4.c

Revised December 10, 2025

ATTACHMENT F

CITY OF MILPITAS I STORMWATER INDUSTRIAL AND COMMERCIAL ENFORCEMENT RESPONSE PLAN

DATE REVISION: 12/15/2025

Table of Contents

1.0 Introduction

1.1 Legal Authority

2.0 Roles and Responsibilities

3.0 Enforcement Procedures

4.0 Enforcement Tools and Scenarios

4.1 Enforcement Tools

Distribution of Outreach Materials

Level 1: Verbal Warning

Level 2: Correction Notice

Level 3: Notice of Violation

Level 4: Administrative Citation Referral (ACR)

Level 5: Administrative Citation (AC) and/or Compliance Meeting (CM)

Level 6: Legal Action, Referral and Coordination with Other Agencies, and/or Suspension of Utility

Service

4.2 Enforcement Action Escalation

4.3 Field Scenarios

5.0 Timely Correction of Potential and Actual Non-stormwater Discharges

6.0 Recordkeeping

ERP Modifications- During COVID-19 Restrictions

1.0 Introduction

This modification of the Enforcement Response Plan (ERP) during COVID-19 Restrictions provides guidance to City industrial and commercial inspection staff in taking consistent actions needed to achieve effective and timely compliance with the City’s stormwater ordinance and other enforcement authorities allowed by the local municipal code

2.0 Roles and Responsibilities

4.0 Enforcement Tools and Scenarios

Appendix Appendix A City of Milpitas Municipal Code Title XI, Chapter 16

Appendix B Enforcement Response Guide

Appendix C Template Notice of Violation Letters

Appendix D ERP Modifications- During COVID-19 Restrictions

1.0 Introduction

This Enforcement Response Plan (ERP) provides guidance to City industrial and commercial inspection staff in taking consistent actions needed to achieve effective and timely compliance with the City’s stormwater ordinance and other enforcement authorities allowed by the local municipal code. The ERP was developed to comply with the following section of the San Francisco Bay Region Municipal Regional

Stormwater NPDES Permit (MRP) Order No. R2-2022-0018 (Permit No. CAS612008): Industrial and

Commercial Site Controls (Provision C.4.c.)

The selection of an appropriate enforcement action and the escalation of enforcement are based on the seriousness of the violation and the responsible party’s response to the City’s previous attempts to achieve compliance. The ERP includes suggested amounts of time to allow for the correction of violations based on the goals stated in the MRP. The nature of a specific violation may require tailoring of the timeframes for correction and/or the use of temporary measures to promptly address a violation before a permanent solution may be implemented. As required by the MRP, this ERP also describes when it may be appropriate to refer violations to another agency, such as the San Francisco Bay

Regional Water Quality Control Board (Regional Water Board), for additional enforcement.

1.1 Legal Authority

The City has legal authority to carry out the requirements of the permit including the authority to inspect, require effective stormwater pollutant control, and implement progressively stricter enforcement to achieve expedient compliance and pollutant abatement within its jurisdiction. This authority is under the Milpitas Municipal Code Title XI, Chapter 16, which is included in Appendix A.

Specifically, enforcement is addressed in XI-16-14 Enforcement and Penalties.

2.0 Roles and Responsibilities

The City’s industrial and commercial stormwater program is implemented by the City’s Public Works

Department. This section describes the duties of City staff that are responsible for implementing enforcement actions described in this ERP.

Public Works Department Administrative Staff

The primary role of the Public Works Department Administrative Staff is to ensure that the City’s ERP is followed in a timely and consistent manner and overall compliance with the MRP Provision C.4. To achieve compliance, the Public Works Department staff generally performs the following duties:

• Provide oversight and guidance for all formal enforcement actions;

• Approve and issue Administrative Citations;

• Compile compliance data for the annual report; and

• Coordinate referrals to Regional Water Board;

Contract Inspector

The Contract Inspector is responsible for the day to day implementation and enforcement of the industrial and commercial stormwater inspection program.

• Conduct routine, follow-up and complaint driven facility stormwater inspections;

• Issue Enforcement Actions to responsible parties;

• Enter inspection reports and enforcement actions into the electronic database;

City Attorney

The City Attorney will:

• Advise staff during enforcement matters as required

• Manage civil and criminal litigation on behalf of the city.

3.0 Enforcement Procedures

At industrial and commercial sites problems are identified as potential and actual non-stormwater discharges. Potential non-stormwater discharges are where observations identify inadequate best management practices (BMPs) to prevent non-stormwater discharges (e.g. liquid drum left open would result in a non-stormwater discharge if accidently tipped or liquid drum not in secondary containment would result in a non-stormwater discharge if the drum develops a leak in the future) or potential for pollutant exposure (e.g. if it were raining at the time of the observation rainfall and/or runoff would pick up pollutants). An actual non-stormwater discharge is an observed, or evidence of, illicit discharge to the

MS4 or waterbody.

A range of enforcement mechanisms are available and include informal responses, such as in-person, email, or over the telephone contacts, distribution of educational materials, or formal responses, such as notices of noncompliance or administrative citations with fine that may include mitigation and judicial actions. The appropriate enforcement action can be determined by using the Enforcement Response

Guide (ERG) in Appendix B. The ERG reflects the following concepts:

• The facility or responsible party is notified when a violation is found at the business inspection.

• If the facility or site is re-inspected, or if adequate documentation, such as photographs, is provided to demonstrate that the violation has been corrected, no further response may be necessary.

• If the violation remains unresolved, noncompliance persists, or the explanation and the mitigation plan are not adequate, the City response will become more formal and commitments

(or schedules, as appropriate) for compliance will be established in a documented enforcement action.

• The enforcement response selected should reflect the seriousness of the violation and the enforcement response will be escalated if compliance is not achieved in a timely manner that maximizes protection of the storm drain system and stormwater quality. A serious violation may require immediate formal enforcement action.

By incorporating criteria for evaluating noncompliance and determining the appropriate enforcement action, the ERG provides a level of response appropriate to the violation. Additional criteria, which are not “built- in” to the ERG can be used to establish an appropriate enforcement action, which may be more or less stringent. Noncompliance may range from relatively minor violations, such as inconsistent use of appropriate BMPs, to major violations, such as an unauthorized discharge to a storm drain inlet or waterway. The enforcement response to each violation event is based on the severity and duration of the violation, the enforcement history of the facility, the good-faith or culpability of the facility, and the potential or actual harm caused by the violation. The enforcement procedures are designed to ensure that the proper enforcement response will be selected after considering these factors.

4.0 Enforcement Tools and Scenarios

4.1 Enforcement Tools

The following Enforcement Tools, or Enforcement Actions, are utilized to respond to stormwater noncompliance.

Distribution of Outreach Materials

Outreach materials for BMPs and verbal instruction are provided for new businesses or existing facilities that need to improve their BMPs or have new employees/owners. Generally, outreach materials are not a strict enforcement tool, but rather are used to help businesses learn what BMPs may be needed and to supplement the enforcement tools below.

Level 1: Verbal Warning

It is a documented disciplinary conversation with the responsible party about observed deficiencies during inspection.

Level 2: Correction Notice

A Post-Inspection Report that lists observed violations serves as a Correction Notice. Correction Notices are a Level 2 enforcement action that are generally issued if the facility or responsible party has a relatively minor potential discharge (e.g., an open dumpster lid, trash on the ground, liquid drum not in secondary containment), potentially more significant discharge scenarios that are marginal, based on the site-specific conditions (e.g., indoor wash activities that are not getting outside, but could conceivably get outside if operational conditions increased or changed slightly). The letter documents the violation and corrective actions required. Any relevant educational outreach materials that address the violation are provided. Proof of compliance may be accomplished through re-inspection or by documentation (e.g., submittal of invoices, photographs, or other proof of remedy resources). The

Inspector notifies the Primary Contact of future enforcement escalation if violations are not addressed.

A Corrective Notice template is included in Appendix B.

Level 3: Notice of Violation

A Notice of Violation (NOV) is a Level 3 enforcement that is issued for minor actual discharges (e.g., wash water without soap), when corrective actions have not been taken after an initial correction notice, or when the facility has a history of repeating the same or similar violations. The letter documents the violation, corrective actions required and notifies the Responsible Party of future enforcement escalation if violations are not addressed. Proof of compliance may be accomplished through re-inspection or by documentation (e.g., submittal of invoices, photographs, or other proof of remedy resources).

A Notice of Violation template letter is included in Appendix B.

Level 4: Administrative Citation Referral (ACR)

An Administrative Citation Referral (ACR) is a Level 4 enforcement that is typically given in instances when corrective actions have not been taken after an initial Correction Notice and NOV has been issued or a significant violation has occurred (e.g. a major actual discharge). Proof of compliance may be accomplished through re-inspection or by documentation (e.g., submittal of invoices, photographs, or other proof of remedy resources).

An ACR template letter is included in Appendix B.

Level 5: Administrative Citation (AC) and/or Compliance Meeting (CM)

An Administrative Citation (AC) is a Level 5 enforcement that is typically given in instances when corrective actions have not been taken after an NOV and ACR has been issued or a significant violation has occurred (e.g. a major actual discharge). An AC is issued in conjunction with documentation that notes the type of violation and directs the RP to implement corrective measures to return to compliance. Proof of compliance may be accomplished through re-inspection or by documentation (e.g., submittal of invoices, photographs, or other proof of remedy resources). Additional ACs may be issued to different RPs for the same violation (e.g., the owner and the tenant, the tenant and the property manager, the owner and the property manager, etc.). Escalating ACs are issued when corrective actions have not been implemented from previous letters issued. The fine for a second offense is 125% of the first fine and for a third or subsequent offense is 150%. Fines may then escalate up to $25,000 each additional day the facility is out of compliance. The City may also recover the costs of abating the violation from the responsible party and hold an administrative hearing.

An AC template letter is included in Appendix B.

A Compliance Meeting (CM) is a Level 5 enforcement that is generally used for unresolved repeat violations that either require additional training or capital resource commitment from the RP, or require better communication and involvement among multiple RPs. A Compliance Meeting is a Level 5 enforcement action where the RP or RPs are called in for a meeting to discuss the violations and agree upon actions to take to resolve the violations. The Contract Inspector will discuss the enforcement issues with Administrative Staff to determine if a Compliance Meeting will help to achieve a resolution.

The Contract Inspector then schedules and sets up a compliance meeting with the RP and any necessary stakeholders at City offices. During the meeting, timelines and a schedule for compliance are established. The agreed-upon Compliance Agreement is signed by the RP(s) as a commitment to meet the compliance timelines or future enforcement escalation will be pursued. Progress on the Compliance

Agreement is tracked by the Contract Inspector and reported to the Administrative Staff. If the violations are not corrected, referral to the City Attorney’s Office should be considered.

Level 6: Legal Action, Referral and Coordination with Other Agencies, and/or Suspension of

Utility Service

Legal Action is a Level 6 enforcement such as criminal penalties or judicial civil penalties may be brought by the City Attorney’s Office. The City Attorney may refer violators to the District Attorney’s Office for prosecution.

Referral and Coordination with Other Agencies is a Level 6 enforcement. The MRP states that where enforcement tools are inadequate, the violations should be referred to the Regional Water Board, District Attorney’s Office, or other relevant agencies for additional enforcement (Provision C.4.c.ii.(4)).

Referrals may also be made to the California Department of Fish and Wildlife (DFW), California

Department of Toxic Substances Control (DTSC), and possibly to the U.S. Environmental Protection

Agency (USEPA).

Suspension of Utility Service is a Level enforcement. The City may, without prior notice, suspend water service, sanitary sewer service, and/or storm drain discharge access to a person discharging to the storm drain system when such suspension is necessary to stop an actual or threatened discharge which presents, or may present, imminent and substantial danger to the environment or to the health or welfare of persons; or presents, or may present, imminent and substantial danger to the storm drain system.

4.2 Enforcement Action Escalation

The Enforcement Actions incorporate a progressive enforcement response policy that is designed to maintain a fair and equitable system for enforcement to ensure that Enforcement Actions are proportionate to the violations, to provide maximum flexibility and effectiveness of Enforcement

Actions, and to provide a system of escalating Enforcement Actions to encourage prompt compliance and deter repeat violations.

An Enforcement Action may be escalated depending on the circumstance of the case. However, at a minimum, escalation of Enforcement Actions occurs under the following conditions:

1. The initial Enforcement Action begins at an escalated level that is commensurate to the circumstances of the violation;

2. Failed to implement corrective action in the time frame specified; or

3. The facility has a history of non-compliance (e.g., has not demonstrated an effort to prevent non-stormwater discharges).

The inspection frequency established in the BIP for the subject facility will also be escalated one level

(e.g., from low to medium or from medium to high) until a full cycle of compliance is achieved.

4.3 Field Scenarios

Example field scenarios including, but not limited to, potential discharges (e.g., housekeeping issues, evidence of actual non-stormwater discharges, lack of BMPs, inadequate BMPs, and inappropriate

BMPs), actual non-stormwater discharges, non-compliance with previous enforcement actions, and sites with a history of potential and/or actual non-stormwater discharges, are provided in Appendix B with the appropriate Enforcement Action indicated.

5.0 Timely Correction of Potential and Actual Non-stormwater

Discharges The City’s goal is to have active non-stormwater discharges found during business inspections cease immediately. If the source of the non-stormwater discharge cannot be readily identified, the facility or responsible party is directed to take the following actions immediately:

1. Terminate the discharge with appropriate temporary measures;

2. Identify a plan for source identification; and

3. Provide a reasonable timeline to permanently mitigate the discharge.

If needed, the facility or responsible party will be directed to clean up the non-stormwater discharge in the stormdrain system and/or surrounding area. The City may choose to clean up the non-stormwater discharge and charge the responsible party.

The City’s goal is to have corrective actions for potential discharges implemented before the next rain event, but no longer than 10 business days after violation discovery. Corrective actions can be temporary and the MRP allows for longer timeframes for permanent corrective action. If a longer time frame is deemed as “reasonable” by the City to achieve permanent compliance (e.g., a permit is required and/or the responsible party needs to hire a contractor), a rationale shall be recorded on the inspection report and in the City’s electronic database.

The City’s goal is to conduct a follow-up inspection within 15 calendar days to determine if corrective actions have been implemented. If the corrective actions have not been implemented the City will escalate enforcement action and the goal for implementation of corrective actions becomes shorter (10 calendar days).

6.0 Recordkeeping

There are electronic data tracking requirements identified in Provision C.4.b.ii.(3) and C.4.d.ii.(2) of the

MRP. The City will track enforcement actions issued and when corrective actions were verified in the

Recon Facility Inspection Database. Records are kept for a minimum of five years or the permit term.

APPENDIX A

City Ordinance

APPENDIX B

Enforcement Response Guide

Enforcement Response Guide

Enforcement

Level

Enforcement

Action Types of Violations Description and Examples

Time Goals for Verifying

Corrective Actions

1 Verbal Warning

Issue for first time minor due to inadequate housekeeping, lack of appropriate BMPs to prevent pollution, or threatened non-stormwater discharges.

Best management practices (BMPs) that are almost effective, but do not achieve the maximum extent practicable standard, for the pollutant generating activity they are intended to control. Minor housekeeping issues. Inappropriate storage of material outdoors with the potential to contribute to stormwater pollution during a significant rainfall, or inadequate or lacking BMPs.

Examples:

• Minor spillage around a grease drum

• Shared/Individual business dumpster area that is enclosed, but trash bins are overflowing (trash not compacted, or not emptied frequently), or lids not closed.

• Tires stacked outside an automotive service facility short-term, not elevated or not covered.

• Parking area, access roads or loading dock has litter, debris or oil stains (not swept/cleaned frequently).

• Staff unaware of BMPs; activities pose no imminent harm to environment, and no rain forecast.

• Chemicals stored without secondary containment.

• Outdoor washing that have generated non-stormwater discharges but have not yet impacted storm drain.

• Inadequate corrective actions for verbal warning.

Actual discharge: Cease actions and abate discharge immediately.

Potential discharge: 15 calendar days* or prior to the next rain event, whichever is first.

Business inspection frequency escalates one level if not already escalated.

Level

Enforcement

Action Types of Violations Description and Examples

Time Goals for Verifying

Corrective Actions

Correction

Notice

(no fine)

Issue for repeat minor due to inadequate housekeeping, lack of appropriate BMPs to prevent pollution, or threatened non-stormwater discharges. A Correction

Notice is in the form of a written letter that describes violations, expected corrections, and schedule for correction.

Best management practices (BMPs) that are almost effective, but do not achieve the maximum extent practicable standard, for the pollutant generating activity they are intended to control. Minor housekeeping issues. Inappropriate storage of material outdoors with the potential to contribute to stormwater pollution during a significant rainfall, or inadequate or lacking BMPs.

Examples:

• Minor spillage around a grease drum

• Shared/Individual business dumpster area that is enclosed, but trash bins are overflowing (trash not compacted, or not emptied frequently), or lids not closed.

• Tires stacked outside an automotive service facility short-term, not elevated or not covered.

• Parking area, access roads or loading dock has litter, debris or oil stains (not swept/cleaned frequently).

• Staff unaware of BMPs; activities pose no imminent harm to environment, and no rain forecast.

• Chemicals stored without secondary containment.

• Outdoor washing that have generated non-stormwater discharges but have not yet impacted storm drain.

• Inadequate corrective actions for verbal warning.

Actual discharge: Cease actions and abate discharge immediately.

Potential discharge: 15 calendar days* or prior to the next rain event, whichever is first. Business inspection frequency escalates one level if not already escalated.

Notice of

Violation

Issue for inadequate response to a Correction Notice or for significant violations. An NOV is a written letter that requires

No BMPs or BMPs that are ineffective for the pollutant generating activity they are intended to control.

Failure to cease an actual discharge immediately; failure to implement permanent corrective actions to mitigate

Actual discharge: Cease actions and abate discharge immediately.

Potential discharge: 10 calendar days* or prior to the

Enforcement

Action Types of Violations Description and Examples

Time Goals for Verifying

Corrective Actions a written response with corrective actions to be taken.

potential discharges; or repeated history of noncompliance.

Examples:

• Continued outdoor washing activities, despite previous warnings and BMP outreach.

• Leaking/unmanaged dumpsters or tallow bins that previously received a warning.

• Work activities that are required to take place indoors are preformed outside the building (e.g.

autobody sanding, auto repair, car paint spraying, etc.)

next rain event, whichever is first.

Administrative

Citation

Referral

Issue for major violations or if the response to first NOV is inadequate. A follow-up letter that describes violations, expected corrections, and schedule for correction.

Not all corrective actions were implemented satisfactorily from NOV letter or history of repeat violations.

Continued failure to cease an actual discharge;

continued failure to implement permanent corrective actions to mitigate discharges; or repeated recalcitrance.

Actual discharge: Cease actions and abate discharge immediately.

Potential discharge: 10 calendar days* or prior to the next rain event, whichever is first. Business inspection frequency escalates one level if not already escalated.

Administrative

Citation and/or

Compliance

Meeting

If the response to Admin

Citation Referral is inadequate.

A follow-up letter that describes violations, expected corrections, and schedule for correction.

Deliberate or negligent dumping or unmitigated non-stormwater discharge that is not specifically allowed by the MRP or has a significant impact on stormwater quality.

Continued failure to cease an actual discharge;

continued failure to implement permanent corrective actions to mitigate discharges; or repeated recalcitrance.

Actual discharge: Cease actions and abate discharge immediately.

Potential discharge: 10 calendar days* or prior to the next rain event, whichever is first. Business inspection

Enforcement

Action Types of Violations Description and Examples

Time Goals for Verifying

Corrective Actions

The Admin Citation for a second offense is 125% of the first fine and for a third or subsequent offense is 150%.

Each additional day out of compliance is an administrative citation of up to $25,000 per day.

Examples:

• BMPs have failed or were not being followed

(e.g. equipment maintenance not performed routinely) and resulted in potential or actual stormwater violations.

• Large amounts of unmanaged debris, trash, or other pollutant that could impact stormwater quality, and rain event forecast for same or next day.

• Staff have been previously educated on BMPs but implement insufficient or no corrective actions.

frequency escalates one level if not already escalated.

Legal

Action/Referral to Other

Agency/

Suspension of

Utility Service

Pursue for the most serious violations including where recalcitrance or where the response to the Administrative

Citation is inadequate. These types of violations are referred to the County District

Attorney’s Office or County

Counsel’s Office for civil prosecution.

Not all corrective actions were implemented, or implemented satisfactorily, from Admin Citation letter or

Compliance Meeting.

Continued failure to cease an actual discharge;

continued failure to implement permanent corrective actions to mitigate discharges; or repeated recalcitrance.

The City may suspend utility service when such suspension is necessary to stop an actual or threatened discharge which presents, or may present, imminent and substantial danger to the environment or to the health or welfare of persons or to the storm drain system.

Immediately or through negotiated settlement.

Notes:

* May be >10 business days if more time is needed to correct the violation, and if rationale is recorded. Temporary corrective actions are acceptable if a more permanent corrective action requires more time. Long-term compliance schedules may require progress confirmation inspections.

APPENDIX C

Example Enforcement Response Letters

CITY OF MILPITAS PUBLIC WORKS

1265 North Milpitas Blvd, Milpitas CA 95035 408-586-2600

Stormwaterinspection@milpitas.gov www.milpitas.gov

CORRECTION NOTICE

Inspection Date: MM/DD/YYYY Inspection Time: HH:MM Inspection Type: Initial Inspection

Facility Name: NAME Contact: First Last

Facility Number: ###

Facility Phone: (408) XXX-XXXX Contact Phone: (408) XXX-XXXX

Facility Address: 1265 N Milpitas Blvd

Violations & Corrective Actions Violation Description Violation Date Enforcement Type

Storm-Solid Waste Container MM/DD/YYYY Correction Notice Overflow/Needs Cleanup

Corrective Action: Storm-Clean up around trash, recycling, and/or tallow bins Due Date: MM/DD/YYYY

Inspection Results Dumpster area needs to be cleaned including a bucket of used oil on the ground

Education Provided Yes

ALL CORRECTIVE ACTIONS MUST BE COMPLETED BEFORE THE NEXT RAIN EVENT

BUT NO LATER THAN BY THE DUE DATE

If this violation is not corrected the Municipal Code(s) provide that the City may issue an administrative citation fine of $100 for the first citation, escalating up to $25,000 per day for repeat violations (XI-16-14b). If you have any questions, please contact me at (408) 586-2614.

Signature

Do not allow any substance other than rain to enter the storm drain and do not leave residues on outdoor surfaces which may be washed away by rain into the storm drain system

408-586-2600

NOTICE OF VIOLATION

Facility ID: ID NUMBER

Issue Date: DATE

BUSINESS NAME

Business Address Business CITY STATE, ZIP

Dear BUSINESS CONTACT NAME:

This notice is to inform you of violations of the Milpitas Municipal Code(s) as noted below. You are hereby notified to take appropiate corrective actions to avoid additional legal actions from being taken against you.

Violation Description Violation Date Enforcement Type Municipal Code References

VIOLATION NAME DATE Notice of Violation CODE

Corrective Action: CORRECTIVE ACTION TYPE Due Date: DATE

If this violation is not corrected the Municipal Code(s) provide that the City may issue an administrative citation fine of $100 for the first citation, escalating up to $25,000 per day for repeat violations (XI-16-14b). If you have any questions, please contact me at (408) 586-2614.

Do not allow any substance other than rain to enter the storm drain and do not leave residues on outdoor surfaces which may be washed away by rain

408-586-2600

ADMINISTRATIVE CITATION REFERRAL

Issue Date: DATE

BUSINESS NAME

Business Address Business CITY STATE, ZIP

Dear BUSINESS CONTACT NAME:

This notice is to inform you of an Administrative Citation Referral due to violations of the Milpitas Municipal Code(s) as noted below. You are hereby notified to take appropriate corrective actions to avoid a fine of $500 and additional legal actions from being taken against you.

Violation Description Violation Date Enforcement Type Municipal Code References

If this violation is not corrected the Municipal Code(s) provide that the City may issue an administrative citation fine of $X00 for the first citation, escalating up to $25,000 per day for repeat violations (XI-16-14b). If you have

Do not allow any substance other than rain to enter the storm drain and do not leave residues on outdoor surfaces which may be washed away by rain

408-586-2600

ADMINISTRATIVE CITATION

Issue Date: DATE

BUSINESS NAME

Business Address Business CITY STATE, ZIP

Dear BUSINESS CONTACT NAME:

This notice is to inform you of an Administrative Citation due to violations of the Milpitas Municipal Code(s) as noted below. You are hereby notified to take appropriate corrective actions to avoid escalating fines and additional legal actions from being taken against you.

The amount of the fine due for this violation is $AMOUNT.

The fine for the violation listed above is due and payable to the City of Milpitas within thirty (30) days from the date of this notice.

Please make your check payable to the City of Milpitas:

Payment may be made by mail or in person:

City of Milpitas Attn: Financial Services Division 455 E Calaveras Blvd.

Milpitas, CA 95035

You have a right to appeal this citation. If you wish to appeal this citation, you must provide an advance deposit of the fine amount listed above and submit a written request for an Administrative Hearing within fifteen (15) days of the date of this notice, in this case by MONTH DD, YYYY 5pm. If your appeal is successful, the fee will be refunded to you.

Payment of this fine does not excuse you from continuing violations of the code section that is the subject of this administrative citation. You are hereby ordered to immediately correct or abate the violation described in this administrative citation. Failure to comply with this order will result in the City of Milpitas issuing additional administrative citations if not corrected within fifteen (15) days from date of this citation. The fine for a second offense is $200 and for a third or subsequent offense $500, or the City, after an administrative hearing, abating the violation and recovering the costs of abatement from you. If you have any questions, please contact (408) 586-2614.

Violation Description Violation Date Enforcement Type Municipal Code References

If this violation is not corrected the Municipal Code(s) provide that the City may issue an administrative citation fine of $X00 for the first citation, escalating up to $25,000 per day for repeat violations (XI-16-14b). If you have

Do not allow any substance other than rain to enter the storm drain and do not leave residues on outdoor surfaces which may be washed away by rain

APPENDIX D

ERP MODIFICATION

DURING COVID-19 RESTRICTIONS

ERP Modifications- During COVID-19 Restrictions

1.0 Introduction

This modification of the Enforcement Response Plan (ERP) during COVID-19 Restrictions provides guidance to City industrial and commercial inspection staff in taking consistent actions needed to achieve effective and timely compliance with the City’s stormwater ordinance and other enforcement authorities allowed by the local municipal code.

2.0 Roles and Responsibilities

The City’s industrial and commercial stormwater program is implemented by the City’s Public Works Department.

This section describes the modifications of the duties of staff that are responsible for implementing enforcement actions described in this ERP during COVID-19 Restrictions.

Contract Inspector

The Contract Inspector is responsible for the day to day implementation and enforcement of the industrial and commercial stormwater inspection program.

• Conduct routine, follow-up and complaint driven outdoor facility stormwater inspections with limited in-person interactions, maintaining social distancing and mask wearing, inspections without escort where possible, follow-up communication by phone or email;

• Issue Enforcement Actions to responsible parties as modified during COVID-19 Restrictions;

• Enter inspection reports and enforcement actions into the electronic database;

4.0 Enforcement Tools and Scenarios

4.1 Enforcement Tools

The following Enforcement Tools, or Enforcement Actions, are utilized to respond to stormwater noncompliance.

During COVID-19 County Health Department restrictions, the level of Verbal Warning has been added to the

Enforcement Tools to allow additional time for facilities to comply with regulations during this challenging time.

For more serious violations or repeat violations the enforcement response escalates from there as it would normally.

Distribution of Outreach Materials

Outreach materials for BMPs and verbal instruction are provided for new businesses or existing facilities that need to improve their BMPs or have new employees/owners. Generally, outreach materials are not a strict enforcement tool, but rather are used to help businesses learn what BMPs may be needed and to supplement the enforcement tools below.

Verbal Warning

A Post-Inspection verbal or email notification that lists observed violations serves as a Verbal Warning. Verbal

Warnings are a Level 1 enforcement action during COVID-19 County Health Department restrictions that are generally issued if the facility or responsible party has a relatively minor potential discharge (e.g., an open dumpster lid, trash on the ground, liquid drum not in secondary containment), potentially more significant discharge scenarios that are marginal, based on the site-specific conditions (e.g., indoor wash activities that are not getting outside, but could conceivably get outside if operational conditions increased or changed slightly).

The inspector documents the violation and corrective actions required in the database. Any relevant educational outreach materials that address the violation are provided. Proof of compliance may be accomplished through re-inspection or by documentation (e.g., submittal of invoices, photographs, or other proof of remedy resources).

The Inspector notifies the Primary Contact of future enforcement escalation if violations are not addressed.

Escalating Enforcement Tools

Subsequent enforcement shall be escalated according to the non-modified ERP: Correction Notice, Notice of Violation, Referral to Administrative Citation, Administrative Citation, Compliance Meeting, Legal Action, Referral and Coordination with Other Agencies, Suspension of Utility Service, etc.