1. Abby’s Coming…Now What?Abby’s Coming…Now What?
A Guide to Having an MS4A Guide to Having an MS4
InspectionInspection
2010 KAMM/KSA Conference2010 KAMM/KSA Conference
April 21, 2010April 21, 2010

2. MS4 InspectionsMS4 Inspections
 The DOW is required to perform inspections to receive ourThe DOW is required to perform inspections to receive our
Federal Grant, the MS4 program is required to perform atFederal Grant, the MS4 program is required to perform at
least 11 inspections per year (1 Phase I, 10 Phase II) toleast 11 inspections per year (1 Phase I, 10 Phase II) to
meet the grant requirements.meet the grant requirements.
 Up until last year, the field staff chose the sites, usuallyUp until last year, the field staff chose the sites, usually
based upon so many inspections per field office, whichbased upon so many inspections per field office, which
caused Middlesboro to be inspected every year becausecaused Middlesboro to be inspected every year because
they are the only MS4 in the London Field Office. Now, thethey are the only MS4 in the London Field Office. Now, the
Wet Weather Section (basically me) choose the sites basedWet Weather Section (basically me) choose the sites based
upon different reasons (? Of compliance, Inactivity with theupon different reasons (? Of compliance, Inactivity with the
MS4 Coordinator, and sometimes, I am asked to do anMS4 Coordinator, and sometimes, I am asked to do an
inspection of a program, either by the MS4 or by the field).inspection of a program, either by the MS4 or by the field).

3. MS4 InspectionsMS4 Inspections

4. MS4 InspectionsMS4 Inspections
 An inspection can last up to 2 days depending upon theAn inspection can last up to 2 days depending upon the
complexity of your program, most last one.complexity of your program, most last one.
 I will be bringing the field inspector that is assigned yourI will be bringing the field inspector that is assigned your
county. In a perfect world, the MS4 program has a fieldcounty. In a perfect world, the MS4 program has a field
person who can go out with the DOW field person, and Iperson who can go out with the DOW field person, and I
can continue the file review.can continue the file review.
 You will receive the inspection form ~ a week before theYou will receive the inspection form ~ a week before the
inspection,inspection, pleaseplease pull the items that need to bepull the items that need to be
reviewed (e.g. ordinances, maps, list of activereviewed (e.g. ordinances, maps, list of active
construction sites, and any enforcement actions youconstruction sites, and any enforcement actions you
have had to take for both construction and illicithave had to take for both construction and illicit
discharges, etc.).discharges, etc.).

5. MS4 InspectionsMS4 Inspections
 Once an inspection is complete, I will send itOnce an inspection is complete, I will send it
via e-mail to you for you to review forvia e-mail to you for you to review for
accuracy. This is to make sure that I have notaccuracy. This is to make sure that I have not
under or over stated the compliance of yourunder or over stated the compliance of your
program. If I have left something out, pleaseprogram. If I have left something out, please
let me know.let me know.
 Most inspections result in an enforcementMost inspections result in an enforcement
action, either a Notice of Violation (NOV) or aaction, either a Notice of Violation (NOV) or a
Letter of Warning (LOW). If you have notLetter of Warning (LOW). If you have not
received yours yet, it is coming, eventually.received yours yet, it is coming, eventually.

6. MS4 InspectionsMS4 Inspections
 Why does it take so long to get my NOV or LOW?Why does it take so long to get my NOV or LOW?
-- I draft a NOV or LOW referral to the Division ofI draft a NOV or LOW referral to the Division of
Enforcement (DENF).Enforcement (DENF).
-- The DENF have people on staff that write NOVs andThe DENF have people on staff that write NOVs and
LOWs for the programs. They draft the NOV or LOW, ILOWs for the programs. They draft the NOV or LOW, I
review it for accuracy, make any necessary changes orreview it for accuracy, make any necessary changes or
they make any necessary changes (I tend to do it just tothey make any necessary changes (I tend to do it just to
shorten the process, esp. since I use to work forshorten the process, esp. since I use to work for
Enforcement)Enforcement)
-- The finished product is signed by Mark Cleland, a BranchThe finished product is signed by Mark Cleland, a Branch
Manager in DENF and either Gary Levy, my supervisorManager in DENF and either Gary Levy, my supervisor
oror me.me.
 This timeframe for this process varies depending upon theThis timeframe for this process varies depending upon the
workload of the DENF Staff and mine.workload of the DENF Staff and mine.

7. MS4 InspectionsMS4 Inspections
 The permittee may only need one NOV to be put into an Agreed OrderThe permittee may only need one NOV to be put into an Agreed Order
(AO) or to receive a Demand Letter (DL).(AO) or to receive a Demand Letter (DL).
 What is the difference between of AO & DL?What is the difference between of AO & DL?
-- An AO is a negotiated process that has a compliance schedule, aAn AO is a negotiated process that has a compliance schedule, a
penalty and usually stipulated penalties if the compliance schedule’spenalty and usually stipulated penalties if the compliance schedule’s
milestone dates are not met. The permittee either comes tomilestone dates are not met. The permittee either comes to
Frankfort or we can handle the enforcement conference over theFrankfort or we can handle the enforcement conference over the
phone.phone.
-- A DL is used when a specific usually one-time event occurs that isA DL is used when a specific usually one-time event occurs that is
severe enough that enforcement measures must be taken. There issevere enough that enforcement measures must be taken. There is
no negotiation and the permittee/responsible party receives a letterno negotiation and the permittee/responsible party receives a letter
stating the offense and the penalty. Have used this document forstating the offense and the penalty. Have used this document for
fish kills or other types of occurrences, but not yet with an MS4.fish kills or other types of occurrences, but not yet with an MS4.

8. MS4 InspectionMS4 Inspection
 Just remember –Just remember –
Relax, it is nowhere near as bad as you think it willRelax, it is nowhere near as bad as you think it will
be.be.
Be honest, I need to know everything so I can helpBe honest, I need to know everything so I can help
you be in compliance.you be in compliance.
Everyone so far has needed an NOV except for 1Everyone so far has needed an NOV except for 1
program. So even if you get one, its okay.program. So even if you get one, its okay.
We have two programs currently in Enforcement andWe have two programs currently in Enforcement and
they paid a small fine, but both have stipulatedthey paid a small fine, but both have stipulated
penalties that we will collect if the milestone dates arepenalties that we will collect if the milestone dates are
not met.not met.

9. MS4 InspectionsMS4 Inspections
 Testimonials from MS4 programs whoTestimonials from MS4 programs who
have been through the process.have been through the process.
Questions??Questions??

10. MS4 InspectionsMS4 Inspections
 Testimonials from MS4 programs whoTestimonials from MS4 programs who
have been through the process.have been through the process.
Questions??Questions??