Whenever the city finds that a person, organization, or institution has violated a prohibition or failed to comply with a requirement of this chapter, the city will order compliance by the following procedure:
A. Warning: A verbal warning shall be given. The verbal warning shall be documented in the city records by the qualified person (code enforcement officer, city inspector, public works employee) who issued the warning. The city may skip the requirements set forth in this subsection and immediately proceed with other more severe actions against the violator if the following may have occurred:
1. The violator has committed the same violation in the past.
2. The violation, in the opinion of the city, creates a serious risk to persons, the environment or property.
3. The city deems the violation to constitute an emergency.
B. Written Violation: Issue a written notice of violation to the responsible person(s), company or institution. The notice of violation may be documented in the city's stormwater records by the official who issued the warning. Such notice may require without limitation one or more of the following as may be applicable:
1. The performance of monitoring, analyses, and reporting.
2. The elimination of illicit connections or discharges.
3. That violating discharges, practices, or operations shall cease and desist.
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
5. Payment to cover administrative, remediation, monitoring, analyses, and reporting costs.
6. The implementation of source control or treatment BMPs.
C. Prosecution: The city may skip the notice requirements set forth in this section and immediately proceed with criminal and/or civil action against the violator if any of the following may have occurred:
1. The violator has committed the same violation in the past.
2. The violation, in the opinion of the city, creates a serious risk to persons, the environment or property.
3. The city deems the violation to constitute an emergency.
D. Penalty: The following penalties apply for each written violation:
1. Criminal: The violation of any provision of any chapter relating to stormwater is a class B misdemeanor. Each day that a violation continues shall constitute a separate offense.
2. Civil: In addition to other penalties and remedies, any person, firm, corporation, principal, agent, employee, contractor, or other party violating or permitting the violation of any governing stormwater regulation is subject to a civil fine not to exceed one thousand dollars ($1,000.00), per violation, per day, in addition to reasonable attorney fees and costs incurred by the city for enforcement of stormwater regulations.
3. Damage Recovery: The city is entitled to seek and receive damages equal to the cost to make all repairs and/or replace any materials in addition to any criminal or civil fines and/or penalties imposed.
4. State Penalties: A violation of stormwater regulations may also be subject to any penalties that may be imposed by the state of Utah, under the authority of the Utah water quality act, title 19, chapter 5 of the Utah code.
5. Federal Penalties: A violation of stormwater regulations may also be subject to prosecution, fines, and penalties imposed by the United States Of America.
E. Permit: The small MS4 general UPDES permit, permit no. UTR090000 defines the maximum penalties for violations of permit conditions as follows:
1. The general UPDES permit provides that any person who violates a permit condition implementing provisions of the act is subject to a civil penalty not to exceed ten thousand dollars ($10,000.00) per day of such violation. Any person who wilfully or negligently violates permit conditions or the act is subject to a fine not exceeding twenty five thousand dollars ($25,000.00) per day of violation. Any person convicted under Utah Code Annotated section 19-5-115(2) a second time shall be punished by a fine not exceeding fifty thousand dollars ($50,000.00) per day.
2. The general UPDES permit provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than ten thousand dollars ($10,000.00) per violation, or by imprisonment for not more than six (6) months per violation, or by both. Utah Code Annotated section 19-5-115(4).
3. The general UPDES permit provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000.00) per violation, or by imprisonment for not more than six (6) months per violation, or by both.
F. Stop Work Order: In addition to other fines and penalties, a stop work order may be issued upon the discovery of work being conducted without a required permit. The stop work order may be issued by any city inspector. No construction activity may be commenced or continued on any site for which a permit has been revoked or suspended until the permit has been reinstated or reissued.
G. Injunctive And Corrective Action: The city may seek injunctive relief or take corrective action to install and/or maintain appropriate stormwater control measures on any site required to have such measures in place, and seek reimbursement for the same, including penalties, administrative costs, attorney fees, and court costs. (Ord. 2012-05)