These recent civil penalties are generally much larger than what dischargers have faced in the past. Moreover, Regional Board inspectors have started taking much more aggressive positions with respect to compliance inspections and enforcement. If a discharge violation is suspected, regulators may seek out additional related non-discharge violations and assert daily civil penalties for months or even years at a time.
As the start of the 2022-2023 wet season approaches, and especially in light of the emerging enforcement environment, permittees under the Construction General Permit and Industrial General Permit would benefit from taking steps now to help ensure compliance. Permittees may want to consider updating their Stormwater Pollution Prevention Plan(s), reviewing their site-specific BMP implementation, and training personnel in stormwater compliance. Permittees may also want to confirm that they are using a qualified and responsive stormwater consultant (QSD/QSP) to provide advice regarding stormwater compliance and conduct any required monitoring throughout the wet season. Taking time now to invest in compliance efforts can avoid the often significant monetary and reputational impacts of defending an enforcement action.