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(A) Responsibility. Notwithstanding other requirements of law, any person responsible for a site who has information of an illicit discharge or discharge of pollutants into stormwater, the storm sewer system, or watercourse shall contain and clean up the release.
(B) Time.
(1) For a release of hazardous materials, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(2) For a release of nonhazardous materials, the person shall notify the county in person or by telephone or facsimile no later than the next business day.
(3) Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the county within three business days of the notice by telephone.
(C) Commercial or industrial records. If the discharge of prohibited materials emanates from a commercial or industrial use, the owner or operator shall retain an on site written record of the discharge and the actions taken to prevent its recurrence.
(2004 Code, § 105-11) (Ord. 04-03, passed 4-1-2004)
The county may require a surety, cash bond, irrevocable letter of credit, or other means of security acceptable to the county as a guaranty under certain requirements of this chapter. In cases when a guaranty is required, the amount required shall be no less than the total estimated cost of the action required. The guaranty shall include forfeiture provisions for failure to complete the required activity within the time specified. The guaranty may not be released prior to final inspection which verifies compliance with this chapter. No partial releases may be made. In the event that the guarantor fails to perform or complete the required activity, the county may use the guaranty to complete the work.
(2004 Code, § 105-12) (Ord. 04-03, passed 4-1-2004)
(A) Whenever the county finds that a person has violated this chapter, the county shall issue a notice of violation.
(B) If abatement of a violation or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration shall be completed. The notice shall state that, should the violator fail to remediate or restore within the established deadline, the work will be contracted for completion by the county and the costs shall be charged to the violator.
(C) If a person has violated or continues to violate the provisions of this chapter, the county may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(2004 Code, § 105-13) (Ord. 04-03, passed 4-1-2004)
(A) Any person aggrieved by issuance of a written notice of violation of this chapter may appeal the action to the County Commissioners or a Board of Appeals appointed by the County Commissioners, which shall hold a hearing on the appeal.
(B) The appeal shall:
(1) Be filed in writing within 30 days of the date of written transmittal of the final decision or determination to the applicant, or notice of violation; and
(2) State clearly the grounds on which the appeal is based.
(C) Appeal fees:
(1) The appellant shall pay a nonrefundable filing fee as determined by the county; and
(2) The appellant shall pay all costs of the appeal as assessed by the County Commissioners or Board of Appeals.
(2004 Code, § 105-14) (Ord. 04-03, passed 4-1-2004)