A. Illicit Discharge Sampling And Inspections:
1. Sampling: When the city manager or authorized representative has reason to believe that a discharge is an illicit discharge, the city may obtain a suitable sample for analysis. If the discharge is shown to be illicit, full recovery of the cost of sampling and analysis shall be paid by the responsible party.
2. Inspections: The city manager or authorized representative shall be permitted to gain access to any premises or property necessary for the purpose of inspection, sampling, observing or monitoring the MS4 to determine compliance with this article.
B. Construction Discharges: When the city manager or his designee finds that any construction activity is causing erosion and/or the discharge of sediment or other pollutants into the MS4 system, such activity shall be a violation of this article.
C. Administrative Enforcement And Penalties:
1. Notice Of Violation: When the city manager or his designee finds that there has been a violation of any provision of this article, he shall issue a notice of violation (NOV) to the responsible party. Such notice may require, without limitation:
a. The performance of monitoring, analyses and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
e. Payment of an administrative fine;
f. The implementation of source control or treatment BMPs; or
g. Any combination of the above that is appropriate for the circumstances.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. The notice shall advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense shall be charged to the violator. Failure to comply with NOV will result in the issuance of a stop work order and administrative fines. The expense if unpaid by the violator shall be filed as a lien on any real property owned by the violator in Stephens County, Oklahoma, attached as an additional charge on any utility bill in the violator's name for utilities furnished by the city of Duncan to the violator and it may also be recovered by legal action filed in Stephens County district court. Any combination of the above remedies are available to the city. These remedies are in addition to any criminal penalties that may be applicable.
2. Stop Work Order: If it is determined by the city manager, based upon an on site inspection, that the violation has not ceased and the cause is a construction discharge, or if the developer/owner is performing earth changing activities without a permit, then the developer/owner may be served with a stop work order and a notice of violation of this article. No further work on the project shall proceed after the stop work order is issued until such time as the developer/owner has preformed any remediation, complied with adequate erosion/sediment control and same meets approval of the city manager or his designee. A reinspection will be required prior to the lifting of the stop work order. Reinspection fees will be as set out in the fee schedule.
3. Administrative Fines: Notwithstanding any other section of this article, any person or entity found to be in violation of this article shall be fined an amount of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each violation or failure to comply on a per day basis.
a. Administrative fines must be paid within thirty (30) days of receipt of notification;
b. Each day that a violation or failure to comply exists shall constitute a separate and distinct offense;
c. Unpaid fines shall constitute a lien against the violator's property located within Stephens County and a lien will be filed by the city clerk on notice of failure to pay by the city manager or his designee;
d. Administrative fines shall not be a prerequisite for other action.
4. Utility Service Severance: Any person, business or entity that violates the provisions of this article may be subject to severance of utility service from the city. Service will recommence and all reconnection charges will be paid by the violator when compliance is achieved or written arrangements to correct the violation(s) is submitted to, and approved by, the city.
5. Suspension Of Permit Issuance: Any person, business or entity that violates the provisions of this article will be denied the issuance of any other city permits, approvals or inspections whether for this property or any other property on which the violator has an interest either as owner or licensed contractor until the violation(s) is corrected or written arrangements to correct the violation(s) is submitted to, and accepted by, the city.
D. Injunction And Criminal Prosecution:
1. Injunctive Relief: Whenever any person, business or entity violates or continues to violate the provision of this article, the city may petition the Stephens County district court for the issuance of a temporary restraining order, preliminary or permanent injunction to restrain or compel action on the part of the violator.
2. Criminal Prosecution: Any person, business or entity which violates the provisions of this article shall be liable to criminal prosecution by the city of Duncan in municipal criminal court for a maximum penalty of one thousand dollars ($1,000.00) per violation per day and/or imprisonment for a period of not more than thirty (30) days.
3. Remedies Nonexclusive: The provisions of this section are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against violators of this article. (Ord. 1745, 11-10-2015)