(A) Each violation of this chapter may be subject to a civil penalty of up to $2,500.
(B) The Department may enter upon private property and take any and all measures necessary to abate a violation if a court of competent jurisdiction has found that a violation of this chapter has occurred and has approved the action to be taken by the Department. The costs of such abatement shall be assessed to the owner of the private property.
(C) The Department, MS4 operator, or SWCD may issue a stop work order if no stormwater erosion control clearance is obtained or if any provision of this chapter is violated.
(D) The Board or any court may order the owner of the real estate or the responsible party for the operations on the real estate to take any and all actions necessary to comply with this chapter.
(E) The Department may recover reasonable attorney fees, court costs, and other expenses associated with the enforcement of this chapter.
(F) Each day a violation continues constitutes a new and separate violation.
(G) If a party has violated this chapter and continues to do so, the Department may petition any court of competent jurisdiction within Elkhart County for the issuance of a temporary restraining order or permanent injunction which restrains or requires specific compliance with this chapter.
(Ord. 5034, passed 6-4-2007)