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The stormwater pollution prevention plan and abbreviated stormwater pollution plan review, filing, and inspection fee is part of a complete submittal and is required to be submitted to the Public Works Department before the review process begins.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013; Ord. 43-2014, passed 4-14-2014)
(a) All development areas may be subject to external inspections by the city to ensure compliance with the approved SWP3 or Abbreviated SWP3.
(b) After each external inspection, the city shall prepare and distribute a status report to the applicant.
(c) If an external inspection determines that operations are being conducted in violation of the approved SWP3 or Abbreviated SWP3 the Stormwater Program Manager may take necessary action as detailed in § 1058.14 of this chapter.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
(a) No person shall violate or cause or knowingly permit to be violated any of the provisions of this regulation, or fail to comply with any of such provisions or with any lawful requirements of any public authority made pursuant to this regulation, or knowingly use or cause or permit the use of any lands in violation of this regulation or in violation of any permit granted under this chapter.
(b) Upon notice, the Stormwater Program Manager and/or designee may suspend any active soil-disturbing activity for a period not to exceed 90 calendar days, and may require immediate erosion and sediment control measures whenever he or she determines that such activity is not meeting the intent of this regulation. Such notice shall be in writing, shall be given to the applicant, and shall state the conditions under which work may be resumed. In instances, however, where the Stormwater Manager and/or designee finds that immediate action is necessary for public safety or the public interest, he or she may require that work be stopped upon verbal order pending issuance of the written notice.
(c) In cases where a violation notice has been issued for a site, the owner/agent shall be granted a reasonable amount of time, not to exceed five calendar days, to respond in writing to the violations and provide a timeline to complete the necessary corrections. The Stormwater Program Manager shall review and approve the appropriate timelines as he or she feels is appropriate for the violations under review.
(d) Violations of the requirements set forth in the approved stormwater pollution prevention plan or abbreviated stormwater pollution prevention plan is considered an illicit discharge and shall be subject to the fines and penalties set forth in accordance with Chapter 1061 of this code of ordinances.
(e) Sites that are in violation with the requirements of this chapter, as determined by the Stormwater Program Manager, shall be required to take appropriate actions to correct the violations. Sites that do not comply within a reasonable amount of time, as determined by the Stormwater Program Manager, shall be subject to appropriate actions such as withholding of inspections including building inspections or underground utility site inspections, stop work orders, cease and desist orders, and final inspections for occupancy permits or plat approval. Sites subject to such actions cannot resume work until all violations are corrected to the satisfaction of the Stormwater Program Manager and such restrictions are suspended in writing. The Stormwater Program Manager shall herein be granted the right to permit portions of the site work to resume in cases where partial corrective actions have been corrected and the remaining actions have been agreed to in a written timeline agree to by the owner/contractor.
Responsible parties that object to such actions can appeal to such determination in accordance with § 1058.15 herein.
(f) In the event that the provisions of this chapter and the provisions of Chapter 1060 of this code of ordinances or the provisions of an approved SWP3 plan the more restrictive provisions shall prevail. Any activities or actions taken in accordance with the provisions of Chapter 1060 or through an approved SWP3 plan shall not constitute a violation of this chapter.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)
Any person aggrieved by any order, requirement, determination, or any other action or inaction by the city in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with the provisions set forth in the Stormwater Pollution Prevention Program Manual maintained by the Stormwater Manager. Written notice of appeal shall be served on the Stormwater Manager and a copy shall be provided to the Law Director.
(Ord. 89-2012, passed 6-25-2012)
(a) Any person, firm, entity or corporation, including but not limited to, the owner of the property, his or her agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this chapter shall be notified in accordance with § 1058.14. A separate offense shall be deemed committed each day during or on which a known and identified violation or noncompliance occurs or continues. If the person, firm, entity or corporation fails to make the necessary corrections within five calendar days after written notice, they may be fined up to $200 for each offense per day.
(b) The imposition of any other penalties provided herein shall not preclude the city instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations, or the orders of the city.
(c) The penalties and fines set forth in division (a) of this section, may be levied in situations where the Stormwater Program Manager has determined the responsible party has failed to take corrective actions to resolve the violations. Situations such as adverse weather conditions including rain or freezing weather, continuance of other construction activities on site, and failure to abide by a stop work order issued against the site shall be taken into account by the city before enacting fines.
(d) In cases where the Stormwater Program Manager has determined it necessary to levy fines, documentation shall be provided to the offending party that shows that the original notice has not been appropriately been corrected in a timely manner, and list the appropriate violations of §§ 1058.14 and 1060.16. In special cases where corrective actions have been started but not to the acceptable practices of the Stormwater Program Manager, additional time may be granted before penalties are levied.
(Ord. 89-2012, passed 6-25-2012; Ord. 25-2013, passed 3-25-2013)