A. Violations: 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 has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the AEA 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 AEA is authorized to seek costs of the abatement as outlined in section 13.12.170 of this chapter.
B. Warning Notice: When the AEA finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the AEA may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease.
Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the AEA to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
C. Notice Of Violation:
1. Whenever the AEA finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the AEA may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:
a. The name and address of the alleged violator;
b. The address, when available, or a description of the building, structure or land upon which the violation is occurring, or has occurred;
c. A statement specifying the nature of the violation;
d. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
e. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
f. A statement that the determination of violation may be appealed to the AEA by filing a written notice of appeal within ten (10) days of service of the violation; and
g. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and such expense shall be charged to the violator.
2. Such notice may require, without limitation:
a. The performance of monitoring, analyses and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices or operations shall cease and desist;
d. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
e. Payment of a fine to cover administrative and remediation costs; and
f. The implementation of source control or treatment BMPs.
D. Compensatory Action: In lieu of enforcement proceedings, penalties and remedies authorized by this chapter, the AEA may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
E. Emergency Cease And Desist Orders: When the AEA 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 water 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 AEA may issue an order to the violator directing it to immediately cease and desist all such violations and directing the violator to:
1. Immediately comply with all the requirements of this chapter and any other applicable laws or regulations; and
2. 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.
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 a discharger fails to immediately voluntarily comply with the emergency order, the AEA may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of the facility's water supply, sewer connection or other municipal utility services. The AEA may allow the person to resume its discharge when it has been demonstrated to the satisfaction of the AEA that the period of endangerment has passed, unless further terminated proceedings are initiated against the discharge pursuant to this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the cause of the harmful discharge and the measures taken to prevent any future occurrence to the AEA within thirty (30) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator. (Ord. 2008-O-27 § 1)