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§ 53.08 REQUIREMENT TO ELIMINATE OR SECURE APPROVAL FOR ILLICIT CONNECTIONS.
   (A)   The county may require, by written notice, that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval from the County Engineer for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.
   (B)   (1)   If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request county approval to reconnect.
      (2)   The reconnection or reinstallation of the connection shall be at the responsible person's expense.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
§ 53.09 SUSPENSION OF MS4 ACCESS.
   (A)   Suspension due to illicit discharges in emergency situations. The county may, without prior notice, suspend MS4 discharge access to a person when the suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons or to the MS4 or other watercourses. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take steps as deemed necessary to prevent or minimize damage to the MS4 or other watercourses or to minimize danger to persons.
   (B)   Termination due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if the termination would, in the judgment of the authorized enforcement agency, abate or reduce an illicit discharge. The authorized enforcement agency will notify the violator of the proposed termination of his or her MS4 access. The violator may petition the authorized enforcement agency for a post-termination hearing regarding the termination of access. The hearing shall be conducted in accordance with rules promulgated by the authorized enforcement agency. A person commits a violation of this chapter if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.
(Ord. 2008-08, passed 5-5-2008)
§ 53.10 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
   Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the county prior to or as a condition of a subdivision, site plan, building permit or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
§ 53.11 ACCESS AND INSPECTION OF PROPERTIES AND FACILITIES.
   (A)   Whenever the county has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the county or its agent shall have the right to enter the premises at any reasonable time to determine if the discharger is complying with all requirements of this chapter. The county or its agent shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If the facility has security measures in force that require proper identification and clearance before entry into its premises, the person in control of the premises shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. In the event that the owner or occupant refuses entry after a request to enter has been made, the county is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining the entry. If a discharge is observed which represents an immediate hazard to public health or safety, or aquatic life, the county, a department of law enforcement, a department of fire and rescue services, and any other agent of the county, may enter any property or structure, except a dwelling, as necessary to prevent or stop the hazard.
   (B)   The county shall have the right to set up on the property of any discharger to the municipal separate storm sewer system the devices that are necessary to conduct an investigation of the discharges. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing staff on alleged violations and access to any and all facilities or areas within the premises that may have any effect on the discharge.
(Ord. 2008-08, passed 5-5-2008)
§ 53.12 REQUIREMENT TO REMEDIATE.
   Whenever the county finds a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system or other watercourses, the county may require, by written notice to the owner of the property and/or the responsible person, that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions hereof.
(Ord. 2008-08, passed 5-5-2008)
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