(A) Legal proceedings; notification of Kentucky Division of Water. The city may pursue appropriate legal proceedings for the enforcement of this subchapter, and the city shall be entitled to recover its costs expended and reasonable attorney's fees in such proceedings. If the person, property, or facility has or is required to have a stormwater discharge permit from KDOW, the city shall notify the appropriate state authorities of the violation.
(B) Revocation of permit, improvement or development plans. Permits, improvement plans or development plan approvals may be revoked for any substantial departure from the approved plans thereby resulting in an illicit discharge as defined herein.
(C) Stop Work Orders. For violations involving active construction sites, the city's officers/agents may issue a Stop Work Order and require that all activities cease, except those actions that are necessary to eliminate the illicit discharge.
(D) Suspension of MS4 access due to illicit discharges in emergency situations. The city may, without prior notice, suspend MS4 discharge access when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the MS4, or to waters of the United States, If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4, or waters of the United States, or to minimize danger to persons.
(E) Suspension of MS4 access due to the detection of illicit discharge. Any entity discharging to the MS4 or any conveyance in violation of this subchapter may have its MS4 access terminated if such termination would abate or reduce an illicit discharge. The city shall require the violator to disconnect access to the MS4 at their cost or take corrective action to eliminate the source of the illicit discharge. Reinstatement of MS4 access to premises terminated pursuant to this subchapter without the prior approval of the city constitutes a violation.
(Ord. O-17-22, passed 8-9-2022)