Any person that has been found to have been in violation of any provision of this chapter, may be assessed a civil penalty not to exceed the amount presented in this section.
(A) The penalty shall increase by 25% of the previous penalty amount for every subsequent but separate offense made by the same person. The penalty shall be in addition to other enforcement actions of this section.
(B) The penalty may be assessed for each day, beyond schedules applied in compliance orders or other schedules issued to the property owner or other person responsible, for unauthorized activity defined in this chapter.
(C) In determining the amount of the penalty, the court shall consider the following:
(1) The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The cumulative effect of other enforcement actions applied for the same offense;
(8) The prior record of the violator in complying or failing to comply with the stormwater quality management program; and
(9) The costs of enforcement to the county.
(D) The maximum civil penalties will be determined by the type of offense. This indicates the maximum that may be imposed for a first offense and does not reflect the increases described above for repeat offenses:
(1) Development without permit: $10,000. To engage in any development, use, construction, remodeling or other activity of any nature upon land or improvements thereon, subject to the jurisdiction of this chapter without all required permits, certificates or other forms of authorization as set forth in this chapter;
(2) Development inconsistent with permit: $5,000. To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with any approved plan, permit, certificate or other form of authorization granted for such activity;
(3) Violation by act or omission: $5,000. To violate, by act or omission, any term, variance, modification, condition or qualification placed by the county or its designated representative upon any required permit, certificate or other form of authorization of the use, development or other activity upon land or improvements thereon;
(4) Illicit discharge: $5,000. Any person who is found to have improperly disposed of any substance defined as an illicit discharge, not an allowable discharge or causes the county to be in noncompliance with any applicable environmental permit; and
(5) Household products: $500. Any person who is found to have improperly disposed of any substance not included in Section 3(a) or 3(b) that was purchased over-the-counter for household use, in quantities considered normal for household purposes, which upon discharge to the MS4 or drainage network would have an adverse impact on water quality or cause the county to be in noncompliance with any applicable environmental permit.
(E) In the event there are penalties assessed by the state against the county caused by any person, said person shall be assessed the equivalent amount of civil penalty. This shall include, but is not limited to, penalties for improper disposal or illegal dumping, or illicit connection into the MS4.
(Ord. 19-2004, passed 12-16-2004)