Violation Consulting

A Notice of Violation (NOV) is a written notification that documents and communicates violations observed during an inspection and is sent to the construction supervisor when they’re cited for noncompliance with stormwater regulations, permit conditions, or other project site requirements.

An NOV stems from a complaint or an investigation of a permit violation, and it indicates a problem that must be solved within a specified time frame; NOVs identify specific tasks that must be completed before operations on certain portions of a job are allowed to continue.  Prompt response, documentation, and communication to NOVs can prevent further enforcement actions and get your site back up and running.

If you receive an NOV, that means TCEQ has observed one or more violations, and you will have a specified time to return to compliance and provide documentation that all violations have been corrected. The TCEQ may elect to visit the site and verify that the violations have been corrected, or it may be sufficient for the contractor to submit documentation to the TCEQ.

If you have received an NOV and corrected all violations listed in the NOV, within the time given, you will not be referred for enforcement for those violations. If you do not correct the violations in a timely manner, you may then be referred for enforcement action.

The State of Texas operates under the Texas Pollutant Discharge Elimination System, and thus, penalties and fees are determined by the TCEQ Penalty Policy Matrix. The costs for Notices of Violation depend on the following factors:

• The degree of harm that the violation caused
• The severity and persistence of the violation
• The duration over which the violation occurred
• The contractor’s record of previous violations
• The maintenance record
• The actions are taken to mitigate the violation
• The financial burden to the company is in violation
• The economic advantage the company gains by continuing to operate under this violation

Blue Palm Environmental has the experience required to help you with your Notice of Violation

Call us at 281-764-1340, and find out how we can help you with your Notice of Violation (NOV)