(A) Violations. Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by City of Easley shall be guilty of a civil offense.
(B) Penalties. The City of Easley declares that any person violating any of the provisions of this chapter, or who initiates or continues a land disturbing activity for which a stormwater management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, may be issued a municipal summons by the City of Easley. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of a violation constitutes a separate violation.
(C) Measuring civil penalties. In assessing a civil penalty, the City of Easley may consider:
(1) The harm done to the public health or the environment;
(2) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(3) The economic benefit gained by the violator;
(4) The amount of effort put forth by the violator to remedy this violation;
(5) Any unusual or extraordinary enforcement costs incurred by the city;
(6) The amount of penalty established by ordinance or resolution for specific categories of violations; and
(7) Any equities of the situation, which outweigh the benefit of imposing any penalty or damage assessment.
(D) Payment. Written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached after demand for payment is made, a civil action may be filed in the circuit court in which the violation is alleged to have occurred to recover the amount of the penalty.
(E) Recovery of damages and costs. In addition to the civil penalty in division (B) above, the City of Easley may recover;
(1) All damages proximately caused by the violator to the city, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with this chapter, or any other actual damages caused by the violation.
(2) The costs of the city’s maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.
(F) Other remedies. The City of Easley may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
(G) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal that one or more of the remedies set forth herein has been sought or granted.
(H) Additional legal measures. Where the City of Easley is fined and/or placed under a compliance schedule by the state or federal government for a violation(s) of its NPDES permit, and the City of Easley can identify the person(s) who caused such violation(s) to occur, the City of Easley may pass through the penalty and cost of compliance to that person(s). The City Attorney may institute injunctive, mandamus or other appropriate action or proceedings at law or equity, including criminal conviction, for the enforcement of this chapter or to correct violations of this chapter, and any court of competent jurisdiction or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
(Ord. 2008-06, passed 4-14-08)