(A) Violations. Any failure to meet the requirements of this subchapter, Rule 5, the state erosion and sediment control manual and any applicable storm water pollution prevention plan or any commission of an act prohibited by this subchapter, Rule 5 or the state erosion and sediment control manual within the corporate boundaries of the county constitutes a violation of this subchapter and may be enforced in accordance with the terms and conditions of this subchapter.
(B) Notice of violation.
(1) Whenever the Department determines that a violation of this subchapter has occurred, the Department may take one or more of the following actions:
(a) Notify the person who committed the act or failed to meet the requirements of this subchapter by telephone and request compliance or cessation of the prohibited act;
(b) Notify the person who committed the act or failed to meet the requirements of this subchapter in writing and order compliance or cessation of the prohibited act;
(c) Enter into an agreed order with the approval of the Board which order may include payment of a fine by the violator;
(d) Issue a stop work order until all corrective measures have been completed;
(e) File a notice of violation before the Board describing the violation of this subchapter found by the Department; and/or
(f) File a complaint in a court of competent jurisdiction within the county seeking a judicial determination that this subchapter has been violated and requesting the imposition of fines.
(2) If the Department takes any authorized action and taking the action does not result in compliance with this subchapter, the Department may take any other authorized action to obtain compliance.
(3) The Department may file a complaint with a court of competent jurisdiction to enforce the terms of an agreed order or an order of the Board.
(4) Filing a notice of violation is not a prerequisite to filing a complaint alleging a violation before a court of competent jurisdiction within the county.
(5) Any written notice of violation shall be issued upon the responsible party by regular United States mail or delivered personally to the responsible party unless the applicable ordinance or statute requires different written notice.
(C) Right to enter premises.
(1) The Department shall have the right to enter any premises for any of the following reasons:
(a) To investigate any construction site to determine the need for a storm water clearance or compliance with the terms of the clearance, Rule 5, the state erosion and sediment control manual or an applicable storm water pollution prevention plan; or
(b) To verify compliance with any agreed order, order of the Board or order of any court of competent jurisdiction.
(2) If the Department has been refused access to any part of the premises for any permitted purpose and the Department is able to reasonably demonstrate to a court of competent jurisdiction within the county that there may be a violation of this subchapter, the court may grant an order allowing the Department access to all relevant parts of the premises.
(D) Appeal of stop work order. A party subject to a stop work order within the county may appeal the stop work order by requesting a hearing before the Board. The request for a hearing must be made within ten days of the order’s issuance.
(E) Board hearing.
(1) Before any Board hearing is held, a party alleged to have violated this subchapter shall receive written notice of the violation including the nature of the violation and a summary of the facts that constitute that violation.
(2) A party alleged to have violated this subchapter has the right to have an attorney present to cross examine witnesses and has the right to present evidence and have witnesses testify.
(3) A party found to have violated this subchapter has a right to appeal the determination of the Board to a court of competent jurisdiction within 20 days of the action of the Board by filing a verified complaint. The court may affirm, modify or reverse the action taken by the Board. The appeal shall be heard de novo.
(4) Filing a notice of violation is not a prerequisite to filing a complaint alleging a violation before a court of competent jurisdiction within the county.
(F) Sanctions.
(1) 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 subchapter has occurred and has approved the action to be taken by the Department. The costs of the abatement shall be assessed to the owner of the private property.
(2) The Department, MS4 operator or SWCD may issue a stop work order if no clearance is obtained or if a provision of Rule 5, the state erosion and sediment control manual or any applicable storm water pollution prevention plan is violated.
(3) 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 subchapter.
(Prior Code, § 36-9-28.5-2) (Ord. 06-261, passed 6-5-2006, 2006 COM REC 261–269)