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Caldwell updates stormwater code to add escalating enforcement required by permit
Summary
Council passed an amendment to city code to add a progressive enforcement framework for stormwater violations to maintain permit compliance under the Clean Water Act and Idaho permitting programs.
City stormwater staff outlined proposed revisions to Caldwell’s stormwater and erosion-control ordinances on March 3, explaining the changes are required to comply with the city’s five-year municipal stormwater permit cycle and demonstrate an escalating enforcement strategy.
Ashley (stormwater staff) told the council that the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) and Idaho’s IPDES requirements obligate the city to document responses to illicit discharges, repeat violations and maintenance failures on both public and private stormwater facilities. Staff said the city’s current ordinances cover erosion/sediment control and stormwater discharges but did not explicitly include an escalating enforcement policy.
The proposed revisions describe an inspection-notice-correct-notice-of-violation-cease-and-desist sequence. Ashley said staff may assess a penalty (statutory maximum discussed as $1,000) and, if necessary, use city resources to clean up illicit discharges and then bill the responsible party. The staff presentation noted the city’s permit cycle ends in 2025 and that certain permit activities are due April 3.
Councilors asked whether the city has authority to act on private property. Ashley said the city’s authority depends on the situation — the city responds to illicit discharges or threats to public health and to conditions that will readily spill into the right of way. The ordinance also clarifies private-owner maintenance responsibilities for stormwater controls such as commercial and HOA infrastructure.
Councilor Allgood sponsored the bill (No. 25 / Ordinance 3677); the motion for first passage and summary approval passed unanimously.
Staff said the ordinance revision formalizes practices the department has been following and provides an internal enforcement guide to ensure consistent response to violations.
