Stormwater Pollution Prevention Plan - Phoenix Sky Harbor ...

SECTION II
STORM WATER DISCHARGE CIVIL PENALTY POLICY
A. INTRODUCTION – The City of Phoenix (City) has developed a Storm Water
Civil Penalty Policy (SCPP) for use City-wide that describes how the City will
calculate civil penalties for instances of noncompliance with Chapter 32C of the
Phoenix City Code. The SCPP is supplementary to Section I of this Policy and is
intended for the use of City personnel and does not create any rights or
obligations nor should it be used or relied upon by non-City personnel for any
purpose. The City reserves the right to act at variance with the SCPP and to
change it at any time without public notice.
B. PURPOSE - The purpose of the SCPP is to (1) deter potential violators of the
City Storm Water Ordinance (Chapter 32C); (2) provide fair and equitable
treatment to the community, (3) facilitate swift resolution of environmental
problems; (4) deter future noncompliance by providing an incentive to remain in
compliance; (5) remove the economic benefit a person or business gains over
others by not complying with the law; and (6) use in potential settlement
discussions with violators.
C. COSTS – Any costs associated with the violator(s) (such as sampling, analysis,
investigation, surveillance) and any harm done to the environment or damage to
City property is not included in the amount of the calculated penalty. Rather,
these costs are separate and distinct from civil penalties and can be recovered in
additional to any monetary penalty.
D. CIVIL PENALTY AUTHORITY – Civil penalties are authorized under Section
32C-106(e) of the Phoenix City Code. The maximum civil penalty amount that
can be imposed if Twenty Five Hundred Dollars ($25j00) per day for each
violation. Each day of continuing violation is a separate civil offense.
E. SEEKING CIVIL PENALTIES – While the City may seek civil penalties for a
single violation, generally, the City will seek penalties and damages in addition to
cleanup costs under the following circumstances:
1) Three or more written notices of violation issued within a two (2) year
time period.
2) Failure to discontinue a prohibited action after being made aware of
noncompliance.
3) Failure to comply with the written instructions of a Notice of Violation.
4) Any personal injury or property damage caused by the prohibited activity.
5) Any other situation in which the City believes civil penalties are
necessary.
Revised 4/22/99 -5-