(A) Emergency suspension due to illicit discharges.
(1) The Board may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which:
(a) Presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons; or
(b) Presents or may present imminent and substantial danger to the MS4 or waters of the state.
(2) If the violator fails to comply with a suspension order issued in an emergency, the Board or its designated representative may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons.
(3) The city shall not reinstate suspended MS4 access to the violator until:
(a) The violator presents proof, satisfactory to the Board, that the noncomplying discharge has been eliminated and its cause determined and corrected;
(b) The violator pays the city the costs incurred in responding to, abating, and remediating the discharge or threatened discharge; and
(c) The violator pays the city for all costs the city will incur in reinstating MS4 access.
(4) A violator whose access has been suspended or disconnected may appeal such enforcement action to the Board, in writing, within 10 days of notice of the suspension.
(5) The city may obtain a lien against the real property to recover its response costs pursuant to § 50.40.
(B) Suspension due to the detection of illicit discharge.
(1) Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge.
(2) The Board will notify a violator of the proposed termination of its MS4 access. The violator may petition the Board for reconsideration and a hearing.
(3) The city may not reinstate suspended MS4 access to the discharger until:
(a) The violator presents satisfactory proof to the Board that the non-complying discharge has been eliminated and its cause determined and corrected; and
(b) The violator pays the city for all costs the city will incur in reinstating MS4 access, and any other costs, expenses or penalties associated with the illicit event.
(4) The remedies provided by this section are in addition to any other remedies set out in this subchapter. Exercise of this remedy shall not be a bar against, or a prerequisite for, taking other action against a violator.
(5) A person commits a violation of this subchapter if the person reinstates MS4 access to the premises terminated pursuant to this section, without the prior approval of the Board.
(Ord. 5283, passed 12-5-2011)