Memorandum

City of Lawrence

Public Works

TO:	Dave Corliss, Charles Soules
CC:	Cynthia Boecker, Diane Stoddard, Jonathan Douglass , Dena Mezger, Shoeb Uddin, Patty Ogle
FROM:	Matt Bond
Date:	March 6, 2008
RE:	March 25, 2008 Agenda Item

Overview of Ordinance 7373

On July 17, 2001 Ordinance 7373 was passed.  Ordinance 7373 amended Chapter 9 of the City Code to include an article pertaining to stormwater pollution prevention.  The main purpose of the article was to enable the City to comply with all federal and state laws and regulations applicable to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for stormwater discharges.  In addition this ordinance was to facilitate compliance with state and federal standards and permits by owners of construction sites within the City.

Since the passage of this ordinance, a little over six and a half years, the Stormwater Division has worked hard to educate area builders about stormwater runoff from construction sites.  This has included countless site visits, phone calls and face to face conversations.    

Currently enforcement of stormwater violations is handled through stop work notices.  If a stormwater violation is found on site they are notified with a "Notice of Violation" and are given a two week time frame to address the problem.  It is important to note that a stop work notice simply means that the construction site will not be able to receive any building inspections.  Therefore if the construction site is not due for an impending inspection soon there is no urgency for the stormwater violation to be addressed.  Sometimes the "Notice of Violation" is sufficient in correcting the problem.  In others the site owner has contacted the Stormwater Division directly and received a clarification of the violation and worked out the corresponding remedy. 

Enforcement is extremely difficult for sites that do not have a need for building inspections.  For example, the entire public infrastructure: streets, sanitary sewer and water lines are in place for a future subdivision and for whatever reason home construction doesn't immediately follow the capitol improvements.  During this time lag the silt fence, temporary seeding or other erosion control features fall into disrepair and need to be addressed.  Without enforcement of the fine provisions of the ordinance, in this instance there is no mechanism to prompt the site owner to address any stormwater violations on their site.

Currently Ordinance 7373 contains the necessary provision to help with stormwater compliance.  Section 4.G Criminal Penalties enables the Stormwater Division to assess fines as they relate to stormwater violations.  The fine as stated in the current ordinance ranges from a minimum of $250.00 to a maximum of $1,500.00 for each separate day on which a violation is committed or continues.  The ordinance also state: "The municipal court judge shall have no authority to suspend all or a portion of the minimum fine."

Recently, construction site runoff has become a real point of emphasis of the Environmental Protection Agency (EPA).  The attached table lists the fines levied by the EPA in 2007.

It has become necessary to show that the City is serious about the enforcement of stormwater violations.  The current procedure for dealing with compliance to stormwater regulations will continue with the levying of fines as an absolute last step.  Notices will be sent out to all builders informing them of the future assessment of fines. 

In summary the Stormwater Division is not requesting any action to be taken.  This memo is information for the City Commission that a tool that is currently available and may be utilized.  Once again it is important to emphasize that fines will be levied as a last resort only.  Unfortunately it is a necessary step to for the compliance of stormwater regulations.