ESC Enforcement Decision Matrix
(Source: Matrix supplied by Brisbane City Council adapted by Healthy Waterways)
The objective of this Model Erosion & Sediment Control (ESC) Enforcement Matrix is to define a consistent, responsive and proportional enforcement response to ESC non-compliances across Council
COUNCIL RESPONSE
(to be populated by Council)
ENVIRONMENTAL
Responses may include action under EPA, SPA or both
RISK OF
- Warning Notice/Show Cause Notice
- PIN
ESC ISSUE
CONSEQUENCE OF ALLEGED NON-COMPLIANCE
INACTION BY
DEGREE OF ISSUE
- Direction Notice (EPA), Enforcement Notice (SPA)
ALLEGED
Prosecution
under EPA s440ZG and/or under SPA s580
OFFENDER
>3rd
1st offence 2nd offence 3rd offence
offence
Technical non-compliance with ESC approval
Moderate eg. not providing supporting
Any form of omission and/or inaction likely to conceal an
requirements not involving physical ESC
monitoring & maintenance records, water environmental impact. When continuation of inaction
Moderate
measures on the ground but associated site ESC
quality test results
could increase risk of environmental harm.
1
management
Moderate eg. Not providing certification
Any form of omission and/or inaction likely to have a
of sediment basin embankment stability
very significant environmental impact during rainfall
Moderate
and/or from device failure
Individual ESC device non-compliant or not
Minor & no sediment discharge
Relatively small volume and consequence but reasonably
Minor
installed (eg sediment fence, rock check dam,
likely to move/wash into roadside gutter, drain or water
inlet pit protection (excludes sediment basins Minor & sediment discharge evident
Relatively small volume and consequence but has
Minor
refer to ESC Issue 4)
moved/washed into roadside gutter, drain or water
2
Moderate & no sediment discharge
Relatively large volume and consequence and very likely
Moderate
to move/wash into roadside gutter, drain or water
Moderate & sediment discharge evident
Relatively large volume and consequence and has
Moderate
moved/washed into roadside gutter, drain or water
Multiple ESC devices non-compliant or not
Moderate & no sediment discharge
Relatively small individual volume but cumulatively high
installed
volume and consequence and very likely to move/wash
Moderate
into roadside gutter, drain or water
Moderate & sediment discharge evident
3
Major & no sediment discharge
Major & sediment discharge
Major ESC device(s) required by Development
Conditions and/or approved ESC plans not
4
constructed and/or having major deficiencies,
such as sediment basin
Major
Relatively small individual volume but cumulatively high
volume and consequence and has moved/washed into
roadside gutter, drain or water
Relatively large volume and consequence and very likely
to move/wash into roadside gutter, drain or water
Significant discharge of sediment &/or sediment-laden
runoff actual and of very high volume and/or potential
or actual environmental harm
Discharge of sediment &/or sediment-laden runoff
probable and of very high volume and/or potential or
actual environmental harm
Moderate
Major
Major
Major
Key Issues:
• There are many factors that determine the risk & environmental consequence of ESC failure (eg. size of construction site, proximity to stormwater system, soil types, adjacent property owners)
• In situations where there is an urgent need to rectify and/or augment ESC measures on a construction site, council needs a mechanism to achieve this
• The development of an enforcement matrix that provides a logical and proportional enforcement response would assist council officers in managing such situations in a consistent manner
Other Enforcement Options:
• DA Compliance Engineers not processing plan sealing and/or on-maintenance requests until ESC corrective actions completed.
• Regular site auditing