(a) Whenever the Sanitary Board determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to stormwater pollution or illicit discharges to the stormwater system, the Board may, be written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Sanitary Board may require. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the Order.
(b) Within twenty (20) days of the date of receipt of the order notice, the recipient shall respond personally or in writing advising the Sanitary Board of the recipient's position with respect to the Order's requirements. Therefore, the recipient shall be given the opportunity to meet with the Sanitary Board to review the Order's requirements and revise the Order as the Board may deem necessary. Within ten (10) days of such meeting, the Sanitary Board shall issue a final written order. Final Orders issued pursuant to this Section may be appealed to the Eleanor Town Council by the filing of a written appeal within ten (10) days of receipt of the final Order. The appeal notice shall set forth the particular Order requirements or issues being appealed.
(c) In the event the owner or operator of a facility fails to conduct the monitoring and/or analyses and furnish the reports required by the Order in the time frames set forth therein, the Sanitary Board may cause such monitoring and/or analyses to occur. If a violation is found, the Board may assess all costs incurred, including reasonable administrative costs and attorney's fees, to the owner or operator. The Sanitary Board may pursue judicial action to enforce the Order and recover all costs incurred.
(Ord. 09-03. Passed 10-1-09.)