(A) Provisions. The county may institute appropriate actions or proceedings by law or equity for the enforcement of this chapter and shall, in each instance, be entitled to recover its costs and attorney fees.
(1) Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief.
(2) Each day of noncompliance is considered a separate offense; and nothing herein contained shall prevent the county from taking such other lawful action as necessary to prevent or remedy any violation, including application for injunctive relief.
(3) Any of the following enforcement remedies and penalties may be applied independently, collectively, or in a sequence deemed necessary, and shall be available to the county in response to violations of this chapter.
(4) If the person, property, or facility has, or is required to have, a stormwater discharge permit from the IDEM, the county shall alert the appropriate state authorities of the violation.
(B) Notice of violation (NOV). Whenever the county finds that any person owning or occupying premises has violated, or is violating, this chapter or an order issued hereunder, the enforcement official may serve such person, personally, or by registered or certified mail, a written NOV. Within 30 days of the receipt of this notice, or shorter period as may be prescribed in the NOV, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions, shall be submitted to the county. Submission of this plan shall not, however, affect liability for violations of this chapter.
(C) Revocation of permit. The county may revoke and require the surrender of a permit or certificate by notifying the permit holder, in writing, the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans or specifications; refusal or failure to comply with the requirements of state or local law; or, for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked.
(D) Stop work order. The county may issue a stop work order and require that all activities cease, except those actions that are necessary to eliminate the illicit discharge. Unacceptable or untimely actions to eliminate the illicit discharge may be used as grounds to revoke permits for the construction site as described in this chapter.
(E) Compliance order. If any person shall violate the provisions of this chapter, the county may give notice to the owner, responsible party, or to any person in possession of the subject property ordering that all unlawful conditions existing thereupon be abated within a scheduled period defined from the date of such notice.
(F) Enforcement official. The enforcement official shall have the authority to establish elements of a Stormwater Pollution Prevention Plan and require any business to adopt and implement such a plan as may be reasonably necessary to fulfill the purposes of this chapter. The enforcement official may establish the requirements of BMPs for any premises.
(G) Danger to the public. If it is determined by the county that the unlawful condition is such that there is an imminent danger or peril to the public, then the county may, with or without notice, proceed to abate the same, with the costs of such abatement being charged to the owner, responsible party, or against the property.
(H) Civil penalties. Any person that has been found to have violated any provision of this section may be assessed a civil penalty not to exceed the lesser of the amount presented in § 152.999, or the maximum amount permitted by law.
(1) The penalty shall increase by 25% of the previous penalty amount for every subsequent, but separate offense made by the same person. This penalty shall be in addition to other enforcement actions of this section.
(2) The penalty may be assessed for each day that the prohibited activity continues beyond those schedules set forth in compliance orders, or other abatement schedules issued to the property owner or other person deemed responsible by the county.
(3) In determining the amount of the penalty, the court shall consider the following:
(a) The degree and extent of the harm to natural resources, the public health, or public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The cumulative effect of other enforcement actions applied for the same offense;
(h) The prior record of the violator in complying, or failing to comply, with the stormwater quality management program; and
(i) The costs of enforcement to the county.
(4) Any violator may be required to clean and/or restore land to its condition prior to the violation.
(I) Cost recovery. If corrective action, including maintenance delinquency, is not taken in the time specified or within a reasonable time, the county may undertake the corrective action, and the cost of the abatement or corrective action shall be assessed against the responsible party, owner of the premises, and/or the developer. If these costs are not paid within 90 days of invoice, the enforcement official may initiate all appropriate legal actions to enforce the claim.
(J) Injunctions and/or proceedings at law or in equity. Any violation of this chapter, or of any condition, order, requirement, or remedy adopted pursuant hereto, may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law.
(K) Civil actions.
(1) In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the county. Monies recovered under this section shall be paid to the county to be used exclusively for costs associated with implementing or enforcing the provisions of this chapter. In any such action, the county may seek, as appropriate, any, or all of, the following remedies:
(a) A temporary and/or permanent injunction;
(b) Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which lead to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section, to include reasonable attorney fees and costs of the action;
(c) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
(d) Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life; and
(e) The county may order the abatement of any discharge from any source to the stormwater conveyance system when, in the opinion of the county, the discharge causes or threatens to cause a condition that presents an imminent danger to the public health, safety, or welfare of the citizens of the county, the environment, or is a violation of a NPDES permit. If such emergency situations occur and the property owner or other responsible party is unavailable, or time constraints are such that service of a notice and order to abate cannot be effected without presenting an immediate danger to the public health, safety, or welfare, the county may perform, or cause to be performed, such work as shall be necessary to abate said threat or danger. The costs of any such abatement may be recovered as stated in this chapter.
(2) The remedies listed in this chapter are not exclusive of any remedies available under any applicable federal, state, or local law, and the county may seek cumulative remedies.
(Ord. 2019-25, passed 10-15-2019) Penalty, see § 152.999