INSPECTION ACTIVITIES



INSPECTION ACTIVITIES

INSPECTION ACTIVITIES

QUALITATIVE RESULTS

Municipality: City of Walnut Creek Permit Year: (2008/2009)

Introduction:

The goal of our Commercial and Industrial Inspection program is to reduce pollutant and non-stormwater discharges from commercial and industrial facilities through inspections and education. We identify businesses with high potential for general stormwater pollution, develop a systematic inspection program, provide educational materials and programs, and develop effective enforcement to achieve compliance.

On behalf of the City of Walnut Creek, CCCSD is under contract to conduct commercial and industrial inspections. The Commercial and Industrial Business Inspection Plan was modified in 2005 to include more specific language on progressive enforcement strategies (see Attachment IN-1). Both the District and City inspectors used the standards and followed the enforcement flowchart contained in the Plan. In FY 2008/2009, District inspectors completed 186 initial and re-inspections, which was a 5-percent increase over last year. (See Attachment IN-2 for a summary of commercial and industrial inspections done in Walnut Creek.) The City’s goal is to conduct 153 total inspections for the year. In this year, the inspectors issued 25 warning notices and 23 notices of violation. Each case of enforcement was followed up with a re-inspection to ensure that deficiencies had been corrected.

City Inspector and Maintenance staff responded to complaints related to illegal dumping, poor housekeeping practices and discharging non-stormwater to the City’s drainage system from residents and contractors. City staff received regular in-house training from the NPDES Coordinator, which focused on standardization of reporting requirements, proper completion of forms, follow-up timeframes, and documentation requirements. They are trained to be familiar with a variety of guidelines, regulations, and checklists. We referred two cases to the City Attorney’s office for further enforcement. All inspection activities are tracked in the PermitsPlus database, which is uploaded to the Geographic Information System (GIS) mapping.

NPDES Coordinator and Engineering staff educated pool contractors and maintenance crews in proper disposal of swimming pool and spa waters in a more environmentally friendly manner. We distributed the brochures produced by the Contra Costa Clean Water Program. Pool or spa discharge incidents are being handled according to the established procedure and tracked appropriately.

Implementation & Evaluation:

A. The City budgeted $61,256 to conduct 153 commercial and industrial inspections in FY 2008/2009. We maintain a current inventory of industrial and commercial

businesses with potential for illegal discharges using CCCSD’s industrial users’ database and the City’s business license database. The business list is reviewed annually for completeness and accuracy. Businesses on the inventory list subject to inspection include: auto service facilities, gas stations, car washes, restaurants, cafes, grocery stores, nurseries, pet shops, Notice-of-Intent (industrial) facilities and golf courses.

The City of Walnut Creek has planned to inspect 1,008 businesses within a six-year period according to its Commercial and Industrial Inspection plan revised in FY 2005/2006. The businesses considered to be the primary target for its commercial and industrial inspection program are listed in the table below. According to the City’s business license database, there are:

|Type of Facility |Number |

|Auto Service and Repairs |103 |

|Gas Stations |18 |

|Car Washes |2 |

|Restaurants, Cafes |211 |

|Grocery Stores |21 |

|Nurseries, Florists |9 |

|Pet Shops, Kennels |6 |

|Notice-of-Intent (Industrial) Facilities |6 |

|Golf Courses |2 |

B. On behalf of the City, CCCSD inspectors conducted a total of 255 inspections, which was 4 percent more than the performance objective for this permit year. CCCSD inspectors conducted 186 initial inspections and re-inspections with 69 follow-up inspections or enforcement. (See Attachment IN-2 for a summary and Attachment IN-3 for detailed inspections done by CCCSD inspectors.) The District was able to perform the commercial and industrial inspections within the established budget.

Before each inspection visit to a business, the inspector reviewed its record to see if past violations had occurred on this facility or if the facility was currently under obligation to put forth mitigation efforts. The historical information provides enforcement trends on the subject facility. After completing the inspection, the inspector prepared a written report; one copy was provided to the business representative and the other copy was filed with the District. If a Warning Notice or a Notice of Violation was issued, it was made available to the City’s NPDES Coordinator. Follow-up inspection was scheduled to verify all deficiencies were corrected within the deadline.

C. In this permit year, the CCCSD inspectors issued 23 Notices of Violation for confirmed violations and 25 Warning Notices for potential non-stormwater discharges. The number of citations issues was almost double compared to the prior year. Restaurants continued to be the primary violators observed during these inspections, receiving 16 of the 48 citations issued. Four citations were issued to beauty salons for illegal washing activities. Trash, poor housekeeping practices and illegal washing activities were primary reasons for issuing citations. When a problem occurs in a common area (such as trash enclosure) and no single tenant can be identified as the responsible party, it is our policy to issue citations to all tenants in the retail complex. This explained the higher number of citations issued in this permit year. CCCSD inspectors keep the last ten years of their stormwater inspection records for Walnut Creek businesses.

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The following table summarizes enforcement actions by business types:

|Type of Facility |Warning Notice |Notice of Violation |

|Auto Service and Repairs |1 |3 |

|Gas Stations, Car Wash, Auto Body | |2 |

|Car Rental | |1 |

|Restaurants, Cafes |7 |9 |

|Grocery Stores |3 | |

|Beauty Salons |4 | |

|Pool Maintenance | |1 |

|Home Improvement Stores |5 | |

|Notice-of-Intent (Industrial) Facilities | | |

|Other Commercial (incl. Offices) |4 |3 |

|Contractors |1 |4 |

|Golf Courses | | |

|TOTAL |25 |23 |

Warning Notices were given where the inspection revealed the potential for pollutant exposure that could enter a storm drain system, such as, storing auto liquid in an uncovered bucket outside or storing hazardous materials without a secondary containment. Notices of Violation were issued for an actual problem observed such as having full grease tallow bins or washing off trash enclosures or vehicles outside.

CCCSD inspectors conducted a consultation visit to an auto body facility to advise proper best management practices that can be implemented on-site. On average, CCCSD inspectors provided three pieces of informational materials during initial and re-inspections. For follow-up inspections, they supplied one brochure. Using this process, CCCSD inspectors distributed 627 pieces of informational materials during their inspections this permit year.

D. In this permit year, the NPDES Coordinator mailed letters to building owners and property managers informing them of proper surface cleaning BMPs to share with their employees and cleaning contractors. The letters generated a few inquiries from owners about the Bay Area Stormwater Agencies Association (BASMAA)’s list for certified surface cleaners. We directed them to the website () to check individuals who have successfully completed the BASMAA Pollution Prevention Training program. See Attachment IN-4 for a copy of the letter mailed to business owners informing them of best management practices related to surface cleaning. The letter included a copy of “Pollution from Surface Cleaning” booklet produced by the Bay Area Stormwater Management Agencies Association. See Attachment IN-5.

E. The NPDES Coordinator and inspector responded to 69 callouts, mostly related to contractors without City permits and individual homeowners. City staff issued 11 verbal warnings, eight written Warning Notices, and 12 Notices of Violation. Most citations were issued to pool maintenance and concrete contractors. See Attachment IN-6 for a summary of inspections by City staff.

Additionally, we received two referrals from the CCCSD inspectors, which the City Attorney’s Office pursued. In both cases, multiple Notices of Violation were issued over a period of three years without gaining cooperation from the responsible parties. One case was settled when the business owner installed the required structural improvement to their trash enclosure. One remaining case is still pending. Detailed documentation of the cases was the key to presenting strong argument in obtaining compliance from the responsible parties.

Since posting the “Community Car Washing BMPs” article on the City’s Nutshell newsletter, the NPDES Coordinator received information from residents who had observed non-profit groups not using the car wash kits. To reinforce our message, we mailed out letters and brochures to our community offering free car wash kits that they can check out prior to conducting their fund-raisers. One particular gas station hosting such events was put on notice and required to obtain the kit to lend to the groups during their fund-raising car washing activities.

F. City staff and NPDES Coordinator continued to educate pool contractors and maintenance companies on how to discharge pool waters properly. All discharge must be released to a sanitary sewer system whenever possible. Only after thorough de-chlorination can pool or spa discharges be released into the City’s storm drain system. Staff encountered seven incidents during the permit year and made appropriate recommendations. Pool and spa brochures were distributed at the City Hall Customer Service Counter and during the issuance of a new pool permit. See Attachment IN-7 for a copy of the Pool and Spa brochure.

G. In this fiscal year, the City of Walnut Creek added inspections of Notice of Intent (NOI) facilities that are permitted by the State Water Resources Control Board (SWRCB) to the inspection schedule. Six facility operators in Walnut Creek have submitted an NOI for their industrial facilities as required by the U.S. Environmental Protection Agency. See Attachment IN-8 for a list of all NOI facilities in Walnut Creek.

H. Staff entered inspection data into the PermitsPlus tracking software. This program stores data from the Building, Planning, Engineering, and Code Enforcement Divisions as well as the Clean Water program. Queries for ongoing investigations can be generated based on property address, property owner, or assessor parcel number. (See Attachment IN-9 for a PermitsPlus screen of an inspection activity.) Having a shared database allows for a coordination among City divisions to ensure that the responsible party complies with the “flagged notice”, including stormwater corrective actions as required in the inspection program. One recent case involved staff members from the Code Enforcement, Clean Water and Building Divisions.

I. The accumulated PermitsPlus data was uploaded as a map layer onto the City’s GIS. Any changes or additions to the database will yield new information on the map. The resulting map shows “stormwater investigation” dots throughout the City. The different colors indicate whether the case is active, referred to another agency, or closed. The map, aside from providing visual information, guides staff to allocate resources to areas with a high number of violations or investigations. (See Attachment IN-10 for a GIS map of call-out inspections.) The NPDES Coordinator uses this map to confirm targeted priority-screening areas in the dry-weather inspection program (see IDCA section of this Annual Report).

J. The City of Walnut Creek engaged businesses in a number of different ways including co-funding the Contra Costa Green Business Program. It was established in 1998 through a partnership of 24 local agencies and cities that provide funding, active leadership, staff time, and resources. More than 1,000 businesses have been certified as Green Businesses in the greater San Francisco Bay area. In this permit year, the program modified several compliance checklists for different types of businesses to reflect up-to-date standards and technologies. See Attachment PE-16 for the checklist for a restaurant-type business.

Eighty-three Walnut Creek businesses are certified as having met the highest environmental standards to protect water quality and the environment. The Green Business Program Annual Report is included with this Annual Report. See Attachment PE-17 for the Contra Costa County Green Business program website and Attachment PE-15 for a copy of the Program’s FY 2008-09 Annual Report.

The City of Walnut Creek served as a member of the Green Business Steering Committee during FY 2007/2008. To date, the City has received five Green Business awards for its public facilities and buildings.

K. On October 9, 2008, NPDES Coordinator gave a joint presentation with the City of Concord’s Stormwater Manager at the Contra Costa Annual Inspector Workshop on the After-hour Surveillance program. The workshop was well received; five staff from the City attended the workshop. See Attachment IN-11 for a copy of the agenda and Attachment IN-12 for the presentation outline.

L. The City’s website offers an opportunity for its residents to report online any stormwater violation that they observe. In this permit year, we received three online queries from residents on stormwater activities. We did not receive any online complaints related to illegal dumping incidents.

Modifications:

None proposed.

Fiscal Year 2009/2010 Goals:

A. For FY 2009/2010, the City of Walnut Creek will strive to accomplish 153 business inspections. The focus will continue to be on restaurants and auto service facilities. Staff will also include other types of businesses such as fleet operations, corporation yards, golf courses, NOI facilities, beauty supplies and salons, kennels, nurseries, dry cleaners, and florists.

B. Beginning in the second quarter, all commercial and industrial inspections will be transitioned back to City staff from the CCCSD inspectors. Recent organizational restructuring has allowed an opportunity to perform these inspections in-house. Staff will attend several Environmental Compliance inspection trainings offered by the California State Environmental Protection Agencies (CAL EPA) and California Water Environment Association (CWEA).

Additionally, the NPDES Coordinator will work with the City Attorney’s Office to review the current Stormwater Ordinance and look for opportunities to tighten our ability to enforce stormwater violations and to be consistent with the Municipal Regional Permit (MRP) new provisions.

C. The Clean Water program is looking into purchasing GOEnforce software to better track stormwater inspections related to facilities as well as constructions. The software allows for notifications and reminders for any follow-up inspections, automatic parcel lookup for consistent tracking by parcel address and advanced letter generation. Staff is looking to have a centralized system that stores all inspection activities with corresponding documents and images. We believe the advanced reporting and audit log records will improve the efficiency of our inspection program.

D. NPDES Coordinator will continue to participate in the Municipal Regional Permit (MRP) discussion and workshop.

Inspection Activities – quantitative results

| | | | | |

|Description |Industrial/ NOI |Commercial |Misc.(2) |Total |

| | | | | | | |

| | |Restaurants |Vehicle Service |Other(1) | | |

| | | |Facility | | | |

|INSPECTION SUMMARY |

|Number of Facilities scheduled | | | | | |153 [1] |

|for Inspection | | | | | | |

|Number of Facilities Inspected | | | | | | |

|Number of Routine Facility |2 |44 |37 |6 | |89 |

|Inspections | | | | | | |

|Number of Priority Facility | |51 |34 |12 | |97 [2] |

|Inspections | | | | | | |

|Number of Call-out Inspections |0 |23 |7 |38 |69 |137 [3] |

|Number of Follow up Inspections |

|Total Number of Enforcement | | | | | | |

|Actions | | | | | | |

| | | | | | |23 [5] |

|Number of Notices of Violation | | | | | | |

|(NOV) Issued | | | | | | |

| | | | | | | 25 [6] |

|Number of Warning/Pollutant | | | | | | |

|Exposure Notices (WN/PEN) | | | | | | |

|issued | | | | | | |

|Number of Fines Levied | | | | | | |

|Number of Referrals | |2 | | | |2 [7] |

|BUSINESS EDUCATION & OUTREACH |

|Number of Educational Materials | | | | | |769 |

|Distributed | | | | | | |

|INSPECTOR TRAINING |

|Number of Inspector Training | |4 [8] |

|Sessions | | |

|Number of Inspectors Trained | |9 [9] |

1) Nursery, golf course, grocery, retail gas outlet.

2) Mobile surface cleaners, corporation yards, contractor’s yards, call out to residential.

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[1] Number of scheduled inspections per City of Walnut Creek Inspection Plan.

[2] Number of re-inspections conducted by CCCSD inspectors.

[3] City staff conducted 31 and CCCSD inspectors conducted 69 callout inspections.

[4] Total number of follow-up, enforcement follow-up, surveillance and partial inspections done by CCCSD inspectors and City staff.

[5] Number of Notices of Violation issued by City staff and inspectors and CCCSD inspectors.

[6] Total number of verbal warning and warning notices issued by the CCCSD inspector and City staff.

[7] The City received two referrals from CCCSD inspectors, which were forwarded to the City Attorney’s Office.

[8] Attended CWEA P3S Annual Conference, NACWA Annual Pretreatment and Pollution Prevention Conference, City and Contra Costa Clean Water Program’s workshop and meetings.

[9] Number of CCCSD inspectors, City staff and maintenance crew attending the workshop and meetings.

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