(A) Notice of violation.
(1) Whenever the Department finds that a person has committed a prohibited act or failed to meet the requirements of this subchapter, 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) File a notice of violation before the Board describing the violation of this subchapter found by the Department; and/or
(e) 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 and ordering compliance with the violated provisions of this subchapter.
(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.
(B) Right to enter premises.
(1) The Department shall have the right to enter any premises for any of the following reasons:
(a) To investigate a suspected spill or discharge into the storm water or county MS4;
(b) To carry out routine inspections;
(c) To carry out routine sampling; or
(d) 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 from which storm water is discharged 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 or that there is a need to inspect or sample as a part of the Department’s routine inspections and sampling program, the court may grant an order allowing Department access to all relevant parts of a premises.
(3) 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) 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. In the event of an emergency hearing before the Board, this information may be orally presented to the affected party and the affected party may elect to proceed or the affected party may insist on written notice and delay the hearing. The emergency action taken by the Department shall continue until a hearing can be held.
(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.
(D) 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 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 may suspend any county MS4 discharge access to stop an actual or threatened discharge which presents imminent and substantial danger to the environment, to the health or welfare of any person, to the county MS4 or to any waters. This suspension may be without notice if an emergency exists but a hearing will be held at the next Board meeting after the owner of the real estate can be notified to determine the existence of an emergency and that there is a substantial and imminent danger.
(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, § 36-9-28.5-4) (Ord. 06-293, passed 6-5-2006, 2006 COM REC 293–303)