(a) It shalt be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation. When the Water Superintendent, Building Inspector, or Consulting Engineer finds that a person has violated a prohibition or failed to meet a requirement of this regulation, he may order compliance by written notice of violation. Such notice shall specify the violation and shall be hand delivered or sent by registered mail, to the owner/operator of the facility.
(b) Such notice of violation may require:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and/or
(5) The implementation of source control or treatment BMPs.
(c) If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the facility owner/operator fail to take the necessary corrective action within the established deadline, a legal action for enforcement may be initiated.
(d) If an owner/operator has violated or continues to violate the provisions of this regulation, the Water Superintendent, Building Inspector, or Consulting Engineer may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(e) Any person receiving a notice of violation shall have the right to appeal the determination of the Water Superintendent, Building Inspector, or Consulting Engineer by filing a request for an administrative hearing. Any such appeal must be filed in writing with the Village Building Inspector within ten working days of receipt of the notice of violation. Upon receipt of an appeal and request for an administrative hearing, the Building Inspector shall schedule the matter for the next regularly scheduled meeting of the Planning Commission at which time the applicant shall be heard and testimony may be given. Upon the conclusion of the hearing, the Planning Commission shall make a determination regarding the existence of a violation and the necessity, type, and time frame of any corrective action required.
(Ord. 2009-19. Passed 8-4-09.)