(A) The issuing authority shall be responsible for the enforcement of this chapter. Duly authorized representatives have the authority to issue notices of violation (NOV) and stop work orders (SWO).
(B) A NOV and/or SWO may be posted for the entire project or any specified part thereof if any of the following conditions exist:
(1) Any land-disturbance activity regulated under this chapter is being undertaken without a permit;
(2) The SWPPP is not being fully implemented;
(3) Any of the conditions of the land-disturbance permit are not being met; and/or
(4) An offense of the same nature as a previous offense, even if previously corrected under a NOV, will constitute a second offense to be enforced.
(C) For the purposes of this section, a NOV and/or SWO is validly posted by posting a copy of the NOV and/or SWO on the site of the land-disturbing activity in reasonable proximity to a location where the land-disturbing activity is taking place. Additionally, a copy of the NOV and/or SWO, in the case of work for which there is a land-disturbance permit, shall be mailed by first class mail, postage pre-paid, to the address listed by the permittee on the permit. In the case of work for which there is no permit, a copy of the order shall be mailed to the person listed as the landowner of the property. Offenses enforced through a NOV must be corrected within five calendar days of the date of issuance or a stop work order will be issued.
(D) If the permittee does not comply with the SWPPP, or land-disturbance permit conditions within five calendar days, the approving agency may revoke the permit.
(E) If the landowner or developer where no land-disturbance permit has been issued does not cease the land-disturbance activity, the approving agency may request the County Attorney to seek to obtain injunctive relief.
(F) Upon revocation of permit, the permittee shall bring the site back into compliance prior to re-inspection by the county. If the site is found acceptable, and receipt of any subsequent fines or penalties, the county will reinstate the permit.
(G) Ten calendar days after posting a stop work order, the approving agency may issue a notice of intent to the permittee, landowner or land user the approving agency’s intent to perform work necessary to comply with this chapter. The approving agency may go on the land and commence work after 14 days from issuing the notice of intent the costs incurred by the approving agency to perform this work shall be paid by the landowner or permittee. In the event no EPSC permit was issued or no bond was posted, the cost, plus a reasonable administrative and attorneys fee shall be billed to the owner.
(H) Compliance with the provisions of this chapter may also be enforced by injunction.
(I) The approving agency is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately, the issuing authority is authorized to enter onto private or public property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the issuing authority shall be fully reimbursed by the property owner and/or responsible party.
(Ord. 1-2018, passed 1-9-2018)