(A) Any person who violates this chapter, or who shall permit such a violation to occur on the premises under their control, or who shall fail to take action to abate the existence of a violation within the specified time period when ordered or notified to do so by the county, shall be guilty of a misdemeanor criminal offense, punishable by a sentence of not more than 90 days or a fine of not more than $1,000, or both. A separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues to occur. If the court imposes a sentence, then the county may ask the court to include court-ordered restitution for any loss that the county inclined as a direct result of the offense, including but not limited to the expenses associated with enforcing this chapter, and the costs of sampling and monitoring. The imposition of any sentence, including a fine, shall not exempt the offender from compliance with the requirements of this chapter.
(B) In the event of a threat of violation or an actual violation of this chapter, the county may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such threatened violations or actual violations.
(C) If a person fails to comply with any provision of this chapter, then the county may recover costs incurred for corrective action by any means permissible under the law. In the discretion of the County Board of Commissioners, the costs may be certified to the Director of the Property Tax Department as an assessment against the property on which the violation occurred.
(D) Whenever the county has reason to believe a person has violated a provision of this chapter, then the county may order compliance by written notice of violation. The notice of violation should include as much information as necessary to identify the alleged violator, the nature of the violation, and any remedial measures, requirements for compliance, or penalties to be imposed.
(E) When the county concludes that a person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, and that the violation(s) has (have) caused or contributed to a threatened or actual discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, then the county may issue an emergency order directing the violator to:
(1) Immediately cease and desist;
(2) Immediately comply with all chapter requirements; and
(3) Take such appropriate preventative action as may be needed to properly address a threatened or continuing violation, including immediately halting operations and/or terminating the discharge.
(F) In the event a person fails to comply with the requirements of an emergency order issued pursuant to this section, then the county may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the state, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. Issuance of an emergency order shall not prevent the county from, or require the county to, take any other action against the violator.
(G) The county may, without prior notice, suspend the MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the public health and welfare, the environment, the county's MS4, or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the county may take such steps as may be necessary to minimize the danger.
(H) It is a violation of this chapter to reinstate access to the county's MS4 terminated pursuant to this section, without prior approval of the county.
(Ord. 92-2019, passed 4-16-19)