Summary Sheet- RFCA SUMMARY

CITY OF TEMPE
Meeting Date: 1/22/2026  
REQUEST FOR COUNCIL ACTION
Agenda Item: 7C2
ACTION:  Adopt a resolution adopting the updated combined Enforcement Response Plan (ERP) for 
violations of the Human Health and Environmental Protection (HHEP) Ordinances in Tempe City Code 
Chapters 12, 13A, 27, and 33, and which incorporates required revisions from the federal Streamlining 
Rule, reflects amendments to Chapter 27 of the Tempe City Code, and includes updated enforcement 
practices. (Resolution No. R2026.12)
FISCAL IMPACT:  N/A
RECOMMENDATION:  Approve Resolution No. R2026.12.
 
BACKGROUND INFORMATION:  The City of Tempe’s ERP establishes a consistent and 
enforceable framework to address noncompliance with HHEP Ordinances. Tempe HHEP Ordinances 
include Tempe City Code Chapter 12, Article IV (Stormwater Retention); Chapter 12, Article VI 
(Stormwater Pollution Control); Chapter 13A (Dust Control); Chapter 27 (Sewers and Sewage Disposal); 
and Chapter 33, Article V (Cross-Connection Control).
The City has updated its ERP to reflect:

Required changes to Chapter 27 to conform with the Federal Pretreatment Streamlining Rule as 
adopted by the State of Arizona.

Added enforcement authority for Chapter 12, Article IV in accordance with Tempe’s Arizona 
Discharge Pollutant Elimination

System Municipal Separate Storm Sewer System Permit issued by the Arizona Department of 
Environmental Quality.

Added enforcement authority for Chapter 13A., air quality violations

Added clarifications to improve consistency, transparency and efficiency in enforcement actions 
across all HHEP Ordinances listed in this Recommendation for Council Action.
Adoption of Resolution No. R2026.12 will allow City staff to implement the updated ERP and maintain 
compliance with federal, state and local environmental regulations.
ATTACHMENTS:    
1. RESOLUTION NO. R2026.XX  INCLUDING EXHIBIT A UPDATED ERP.DOCX
2. UPDATED ERP (IN LEGISLATIVE FORMAT).DOCX
STAFF CONTACT(S): Craig Caggiano, Deputy Public Works Director - Water, (480) 858-2160
Department Director: Tara Ford, Public Works Director  
Legal review by: Janis L. Bladine, Senior Assistant City Attorney
Prepared by: Drew Rostain, Environmental Services Supervisor