(A) The town may institute appropriate actions or proceedings by law or equity for the enforcement of this subchapter and shall, in each instance, be entitled to recover its costs and attorney fees. 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. Each day of noncompliance is considered a separate offense; and nothing herein contained shall prevent the town from taking such other lawful action as necessary to prevent or remedy any violation, including application for injunctive relief. Any of the following enforcement remedies and penalties may be applied independently, collectively, or in a sequence deemed necessary, shall be available to the town in response to violations of this subchapter. If the person, property, or facility has or is required to have a storm water discharge permit from the IDEM, the town shall alert the appropriate state authorities of the violation.
(B) Whenever the town finds that any person owning or occupying premises has violated or is violating this subchapter or an order issued hereunder, the enforcement official may serve such person, personally, or by registered or certified mail, a written notice of violation (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 town. Submission of this plan shall not, however, affect liability for violations of this subchapter.
(C) The town 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, 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) The town may issue a stop-work order and require that all activities cease.
(E) If any person shall violate the provisions of this subchapter, the town 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) The enforcement official shall have the authority to establish elements of a storm water 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 subchapter. The enforcement official may establish the requirements of BMPs for any premises.
(G) If it is determined by the town that the unlawful condition is such that there is an imminent danger or peril to the public, then the town may, with or without notice, proceed to abate the same, with the costs of such abatement to be charged to the owner, responsible party, or against the property.
(H) Any violator may be required to clean and/or restore land to its condition prior to the violation.
(I) If corrective action, including maintenance delinquency, is not taken in the time specified or within a reasonable time, the town may undertake the corrective action, and the cost of the abatement or corrective action shall be assessed against the responsibility 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) Any violation of this subchapter 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) In addition to any other remedies provided in this subchapter, any violation of this subchapter may be enforced by civil action brought by the town. Monies recovered under this division (K) shall be paid to the town to be used exclusively for costs associated with implementing or enforcing the provisions of this subchapter. In any such action, the town may seek, as appropriate, any or all of the following remedies:
(1) A temporary and/or permanent injunction;
(2) 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 subsection, to include reasonable attorney fees and costs of the action;
(3) Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
(4) Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life; and/or
(5) The town may order the abatement of any discharge from any source to the storm water conveyance system when, in the opinion of the town, 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 town, 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 town 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 in § 153.08(I).
(L) The remedies listed in this subchapter are not exclusive of any remedies available under any applicable federal, state, or local law and the town may seek cumulative remedies.
(Ord. G-12-02, passed 1-17-2012) Penalty, see § 153.99