Village Board agenda — May 4, 2026

Text · page 152 of 240

Read the whole document on one page (all 240 pages, each with its own heading)

Enforcement Response Plan  Appendix O
The Enforcement Response Plan (ERP) describes the action(s) to be taken for violations
pertaining to MCM 3: Illicit Discharge Detection and Elimination, MCM 4: Construction Site
Stormwater Runoff Control, and MCM 5: Post-Construction Stormwater. The ERP provides a
protocol to address repeat and continuing violations through progressively stricter responses
(i.e., escalation of enforcement) as needed to achieve compliance with the terms and
conditions of the MS4 General Permit (GP-0-24-001) and/or Construction General Permit (GP-
0-20-001). Enforcement responses are based on the type, magnitude, and duration of the
violation, effect of the violation on the receiving water, compliance history of the violator(s),
and good faith of the violator(s) in compliance efforts. See subsequent pages for specific illicit
discharge, construction, and post-construction stormwater management practice enforcement
responses.

Efforts to obtain a voluntary correction of deficiencies through informal enforcement, such as
verbal warnings or written notices, must not exceed sixty (60) days in duration from the time of
initial determination of the violation(s) until a return to compliance.

The Village of East Aurora will use the following types of enforcement responses or
combination of responses for illicit discharge, construction, and post-construction
stormwater management practice violations per Village of East Aurora Code Chapter 220-12:
Village of East Aurora, NY Stormwater Management (ecode360.com)
Customize: you must describe/explain process for all listed below and include the title and
department of the person(s) responsible for each enforcement response listed below.
  i.  Verbal warnings; given directly to contractor/job foreman on site,
  property owner, or operator with description of violation and instructions
  on remedy, timeframe in which it is to be completed
  ii.  Written notices; When the SMO determines that a land development
  activity is not being carried out in accordance with the requirements , it
  may issue a written notice of violation to the landowner.
  iii.  Citations (and associated fines);
  iv.  Stop work orders; The SMO may issue a stop-work order for
  violations. Persons receiving a stop-work order shall be required to
  halt all land development activities, except those activities that
  address the violations leading to the stop-work order. The stop-work
  order shall be in effect until the SMO confirms that the land
  development activity is in compliance and the violation has been
  satisfactorily addressed. Failure to address a stop-work order in a
  timely manner may result in civil, criminal, or monetary penalties in
  accordance with the enforcement measures
  v.  Withholding of plan approvals or other authorizations affecting the
  ability to discharge to the MS4; If any building or land development

  64