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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
(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)
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)
The county may require, by written notice of requirement, that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges and/or non-storm water discharges to the storm drain system or other watercourses, to undertake at the person's expense the monitoring and analyses and furnish the reports to the county as deemed necessary to determine compliance with this chapter.
(Ord. 2008-08, passed 5-5-2008)
The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of structural and non-structural BMPs. Further, any person responsible for premises, which are, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPP) or storm water management plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
Notwithstanding other requirements of law, as soon as any person responsible for any premises, facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the municipal separate storm sewer system or other watercourses, the person shall take all necessary steps to ensure the discovery, containment and cleanup of the release. In the event of a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the county or its appointed agent in person or by phone no later than 24 hours. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the county at: Bartholomew County Engineer, 2452 State Street, Columbus, Indiana 47201, (812) 379-1660, within five calendar days of the phone or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of the establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. The records shall be retained for at least three years.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
(A) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of this chapter shall be subject to one or more of the enforcement actions outlined in this section. Any violation or threatened violation may be restrained by injunction or otherwise abated in a manner provided by law.
(B) In the event the violation constitutes an immediate danger to public health or public safety, the county or its appointed agent is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The county or its appointed agent is authorized to seek costs of abatement as outlined in division (B)(5) below.
(1) Compliance directive. In addition to any other remedy available to the county, inspectors may issue compliance directives at the time of inspection to require a person to implement actions that will correct any violation of this chapter.
(2) Notice of violation.
(a) Whenever the county finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the county may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
1. The performance of monitoring, analyses and reporting;
2. The elimination of illicit connections or discharges;
3. Violating discharges, practices or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
(b) If abatement of a violation or the restoration of affected property is required, the notice shall set forth a deadline within which the remediation or restoration must be completed. The notice shall further advise that, should the violator fail to complete the remediation or restoration within the established deadline, the work may be done by the county or its designee and the expense thereof shall be charged to the violator.
(3) Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the county. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal before the Board of County Commissioners or its designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Board or its designee shall be final.
(4) Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within ten days of the decision of the Board, then representatives of the county and its designees are authorized to enter upon the subject property and are authorized to take any and all measures necessary to abate the violation and restore the affected property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the representatives or designees of the county to enter upon the premises for the purposes set forth above.
(5) Cost of abatement of the violation. If the county abates a violation, then, within 15 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The notice shall be given by personal delivery or by mail to the last known address of the owner as shown in the records of the County Auditor. The notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten days of the effective date of the notice. If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal and the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. In the event a protest is filed, a hearing on the protest shall be held before the Board of County Commissioners or its designee within 15 days from the date of receipt of the written protest. If any charges are upheld upon completion of the hearing, then the charges shall become due and payable ten days after the issuance of the order upon the protest and if not timely paid, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The charges may also be recovered in a civil action against the owner or other person in control of the premises for which the charges were incurred and any person violating any of the provisions of this chapter shall be liable to the county for all costs, fees, charges and expenses, including, but not limited to, administrative costs and legal fees and costs, by reason of the violation.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
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