Post-Construction Storm Water Ordinance
Penalty Assessment Guide
Internal Use Only
Adjustments to Daily Fine
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Failure to Obtain Permit:
No mitigating factors
Hardship or extenuating circumstances
$5,000/day
$2,500 to $4,000/day
First Offense:
Off-site impacts documented
No off-site impacts documented
$3,000/day
$1,000/day
Second Offense (within 2 years):
Off-site impacts documented
No off-site impacts documented
$5,000/day
$3,000/day
Over Two Offenses (within 2 years)
All violations
$5,000/day
Note: No adjustment shall be made for violations that damage protected waters or wetlands.
Protected waters would include 303(d) listed streams and other waters with special State
designation.
Adjustments to Number of Days of Noncompliance
The amount of a penalty is based on the amount of the daily fine multiplied by the number of
days of noncompliance. The number of days of noncompliance is calculated by totaling the days
from the day the violation was noted until the day compliance was achieved (count the day the
violation was noted but not the compliance date). For example, if a violator received an NOV on
the 10th, a CNOV on the 15th, and achieved compliance on the 20th, the total number of days of
noncompliance is ten (10). The number of days of noncompliance shall be reduced as follows:
• Deduct days between when the NOV was sent and received by the responsible party’s office
if no verbal notification was given.
• Deduct for staff delays in the issuance of the CNOV (deduct each day beyond two (2)
business days between reinspection and CNOV).
• Other days due to staff actions.
• Deduct days of inclement weather that delayed erosion control installation and maintenance
or restoration of damaged areas (only if weather is the actual cause of the delay).
• Holidays: two (2) days for the Fourth of July, Thanksgiving and Christmas unless the owner
or contractor was negligent in taking responsible steps to protect the site before the holiday.
Form #PCO33
Restoration
In addition to the charges specified above, the owner/developer/builder may also be required to
restore damaged property, including streams, wetlands, lakes and other surface waters. The
penalty can also be increased to reflect costs saved by noncompliance.
Form #PCO33