(A) The person responsible for any connection in violation of this chapter shall immediately cause the illegal connection to be disconnected and redirected, if necessary, to the county’s sanitary sewer system upon approval by the county. Such person shall provide the county with written confirmation, satisfactory to the county or its designated representative, that the connection has been disconnected, and, if necessary, redirected to the sanitary sewer.
(B) Any person responsible for illicit discharges or noncompliance with BMPs at industrial and/or construction sites, and who fails to correct any prohibited condition or discontinue any prohibited activity at the order of the county, shall be liable to the county for expenses incurred in abating pollution. This may include expenses incurred in testing, measuring, sampling, collecting, removing, treating and disposing of the polluting materials and preventing further noncompliance and/or illicit discharges.
(C) The county may institute appropriate actions or proceedings by law or equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief. Each day of noncompliance is considered a separate offense; and nothing herein contained shall prevent the county from taking such other lawful action as necessary to prevent or remedy any violation, including application for injunctive relief. Any of the following enforcement remedies and penalties, available to be applied independently or in a sequence deemed necessary, shall be available to the county in response to violations of this chapter. If the person, property or facility has or is required to have a stormwater discharge permit from the IDEM, the county shall alert the appropriate state authorities of the violation.
(Ord. 19-2004, passed 12-16-2004)