Whenever the city finds that a person, organization or institution (not to exclude the county, state, or federal government) has violated a prohibition or failed to comply with a requirement of this chapter, the city will order compliance by the following procedure.
(A) A verbal warning shall be given. The verbal warning shall be documented by the qualified person (code enforcement officer, city inspector, public works employee) who issued the warning. The city may skip the requirements set forth in this division (A) and immediately proceed with other more severe actions against the violator if:
(1) The violator has committed the same violation in the past;
(2) The violation, in the opinion of the city, creates a serious risk to persons, the environment or property; or
(3) The city deems the violation to constitute an emergency.
(B) Issue a written notice of violation to the responsible person(s), organization or institution. The notice of violation shall be documented by the qualified person who issued the warning. Such notice may require without limitation:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of illicit connections or discharges;
(3) That 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) A timeframe for correcting the violation;
(6) Payment to cover administrative, remediation, monitoring, analyses and reporting costs;
(7) The implementation of source control or treatment BMPs; and
(8) The city may skip the notice requirements set forth in this division (B) and immediately proceed with criminal and/or civil action against the violator if:
(a) The violator has committed the same violation in the past;
(b) The violation, in the opinion of the city, creates a serious risk to persons, the environment, or property; or
(c) The city deems the violation to constitute an emergency.
(C) Issue a fine, penalty or stop work order. The fine, penalty or stop work order shall be documented by the qualified person who issued the warning. Such violations may penalize the violator as follows.
(1) The violation of any provision of this chapter is a Class B misdemeanor. Each day that a violation occurs shall constitute a separate offense.
(2) If, as the result of the violation of any provision of this chapter, the city or any other party suffers damages and is required to make repairs and/or replace any materials, the cost of repair and/or replacement shall be borne by the violating party and shall be in addition to any criminal or civil fines and/or penalties.
(3) Violators of this chapter may also be subject to prosecution, fines and penalties from the state and the United States EPA.
(4) The small MS4 general UPDES permit, Permit No. UTR090000 defines the maximum penalties for violations of permit conditions as follows.
(a) The general UPDES permit provides that any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates permit conditions or the Act is subject to a fine not exceeding $25,000 per day of violation. Any person convicted under U.C.A. § 19-5-115(2) a second time shall be punished by a fine not exceeding $50,000 per day.
(b) The general UPDES permit provides that any person who knowingly makes any false statement, representation or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or non-compliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both (U.C.A. § 19-5-115(4)).
(c) The general UPDES permit provides that any person who falsifies, tampers with or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both.
(5) (1) A stop work order may be issued upon the discovery of work being conducted without a required permit. The stop work order may be issued by inspectors in the Public Works Department, Building Inspection Department or Code Enforcement.
(2) No construction activity may be commenced or continued on any site for which a permit has been absent, revoked or suspended until the permit has been obtained, reissued or reinstated, respectively.
(Prior Code, § 24.06.130) (Ord. 00-22, passed 6-1-2000; Ord. 20-01, passed 1-2-2020)