(A) Notice of violation/citation.
(1) If the town determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management design plan, a recorded stormwater management maintenance agreement, or the provisions of this chapter, it shall issue a written notice of violation to such applicant or other responsible person and the owner of the property. Where a person is engaged in activity covered by this chapter without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
(2) The notice of violation can be in the form of a citation ticket and/or a written letter that would contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions as discussed with the responsible party representative, reasonable deadlines for those remedial actions, and the date of re-inspection.
(B) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the town may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, public education, etc.
(C) Civil penalties for violations.
(1) Any person found in violation of any provision of this chapter shall be responsible for a civil infraction and subject to a maximum fine of $2,500 for each offense, plus costs, damages, and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(2) Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this section.
(3) For purposes of this section, SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible.
(4) The town has established an enforcement response schedule that standardizes the approach the town may take in dealing with stormwater regulations offenses subject to this chapter and the associated technical standards document. The enforcement response schedule is as noted in the following table:
Offence # | Type of Response Anticipated |
Offence # | Type of Response Anticipated |
1st offense | Verbal Telephone Notice, Letter of Violation or Written Warning and Administrative Penalty |
2nd offense | Letter of Violation, Administrative Penalty and/or Site Visit |
3rd offense | Letter of Violation, Administrative Penalty and/or Site Visit |
4th offense | Letter of Violation, Administrative Penalty and/or Site Visit |
5th offense | Agreed Order, Administrative Penalty and/or Site Visit |
6th offense | Administrative Order, Administrative Penalty and/or Site Visit |
7th offense | Compliance Schedule, Administrative Penalty and/or Site Visit |
8th offense | Litigation and Administrative Penalty |
(5) The administrative penalties shall be assessed on a per violation, per offense basis. The schedule of penalties is summarized in the following table:
Offense # | Penalty |
1st offense | $250 |
2nd offense | $500 |
3rd offense | $1,000 |
4th offense | $2,500 |
(6) The town reserves the right to issue a maximum fine for any violation deemed sufficiently egregious or otherwise determined by the town to warrant a maximum penalty.
(D) Stop work order.
(1) In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this chapter or accepted final stormwater management plans, the town may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the town to proceed with the work. A stop work order will be executed as specified in § 7.4(E) of the Unified Development Code.
(2) Any person who neglects or fails to comply with a stop work order shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $1,000, and such person shall also pay such costs as may be imposed in the discretion of the court. A permit reinstatement fee will be assessed by the town.
(3) For construction projects that are operating under a SWPPP approved by the town, if a stop work order is issued on the grounds that the erosion and sediment control measures included in the construction plan are not adequate, the project site owner must be notified in writing of the inadequacies in the erosion and sediment control measures and the project site owner has 72 hours after receiving written notice to resolve the identified inadequacies before the stop work order can take effect.
(4) The 72 hour period to resolve identified inadequacies on a construction project does not apply if the stop work order is issued to a construction project where the project site owner is creating a public health hazard or safety hazard.
(E) Withhold certificate of occupancy. The town may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise satisfied the requirements of this chapter as determined by the town.
(F) Suspension, revocation, or modification of permits. The town may suspend, revoke, or modify any existing permit that the violator may also have been previously granted. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the town may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(G) Suspension of access to the stormwater drainage system.
(1) Emergency cease and desist orders.
(a) When the town finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the town may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to immediately comply with all ordinance requirements and take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(b) Any person notified of an emergency order directed to it under this section shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the town may take such steps as deemed necessary to prevent or minimize harm to the stormwater drainage system or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services.
(2) Suspension due to illicit discharges in emergency situations. The town may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the state if the violator fails to comply with a suspension order issued in an emergency, the town may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the state, or to minimize danger to persons.
(3) Suspension due to the detection of illicit discharge. Any person discharging to the stormwater drainage system in violation of this chapter may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The town will notify a violator of the proposed termination of its stormwater drainage system access. The violator may petition the Stormwater Utility Board for a reconsideration and hearing. A person commits an offense if the person reinstates stormwater drainage system access to premises terminated pursuant to this section, without the prior approval of the Stormwater Utility Board.
(4) Criminal penalties for violations. For intentional and flagrant violations of this chapter, the town may issue a notice to the applicant or other responsible person and the owner of the property, requiring such person to appear in the Circuit or Superior Court of Johnson County to answer charges for such violation. Upon conviction, such person shall be punished by a fine as set by the Bargersville Town Council, plus costs, damages, and expenses or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(Res. 2024-03, passed 7-22-2024; Ord. 2024-15, passed 8-13-2024)