Handling a Stormwater notice of violation

Upon receiving a NOV, it is important to act thoughtfully but quickly — every day a site is found out of compliance is generally considered an individual incident, and if there are fees that go along with non-compliance “incidents”, these fees can accumulate quickly.

• Read the entire notice carefully. If you do not understand any part of it or believe something is incorrect, contact a stormwater management company such as AQUALIS for clarification and assistance.
• Prevent further immediate environmental damage referenced in the NOV by taking the necessary corrective measures (example, repair the leak, clean up the spill, remove the nuisance vegetation, etc.), even if these corrective measures are interim steps before a more complete response.
• If you perfectly understand the reasoning behind the NOV and the impacts of the needed corrective actions, respond to the NOV and regulatory body in writing. Explain the cause of the violation, how you plan to clean up the damage with a specific timeline, any interim steps you have taken, and how you plan to prevent future violations via permanent corrective measures. If you feel the notice of violation was unwarranted you may appeal the violation as detailed in the notice. Note – this course of action can be risky if the NOV is not fully understood. As stormwater experts, we recommend at the minimum consulting with a stormwater management expert in your region, like AQUALIS to ensure that all steps to correct the violation are being considered and appropriate action falls into the compliant regulations.
• If you do NOT perfectly understand the reasoning behind the NOV and the impacts of the needed actions, seek the counsel of a stormwater management company such as AQUALIS. The first communication with a regulatory body is important, and establishes the baseline for the entire management of the NOV. As a nationwide provider with regional expertise, we have regulator relationships established that assist in the communication process and meeting all compliant standards.
• After making contact with the regulatory body, confirm that they agree with the corrective actions in your response and then carry out the corrective actions. Upon the completion of the corrective actions, submit a completion report with before/after photo documentation of the stormwater management issue and resolution.

Please note that in the experience of AQUALIS, most regulatory bodies do not issue NOV’s frivolously. If the stormwater management system violations are serious enough to warrant a NOV, professional and immediate response is required. If you or your organization has received a NOV, we strongly recommend that you engage an experienced stormwater management organization such as AQUALIS.

Our stormwater experts will manage the NOV process to minimize costs from fines, to minimize environmental liability, and to prevent future noncompliance. Our team will visit the site to assess the situation and develop a plan to deal with the violation in the most expeditious and cost-effective manner, more than likely involving a combination of our inspection, maintenance and repair services. Whether it is a minor problem such as excessive vegetation or a more major problem such as a sinkhole, our experienced staff will offer turnkey service in managing all aspects of the NOV response. As one might expect, we have found that regulatory bodies respond more favorably to communication from stormwater experts than from those inexperienced in the field.