(A) Notice of violation.
(1) If the county determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit/approval, an approved stormwater management design plan, a recorded stormwater management maintenance agreement, or the provisions of this chapter, it shall issue a written notice of violation to such applicant or other responsible person and the owner of the property. Where a person is engaged in activity covered by this chapter without having first secured a permit/approval therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
(2) The notice of violation shall contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions as discussed with the responsible party representative, reasonable deadlines for those remedial actions, and the date of re-inspection.
(B) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the county may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, and the like.
(C) Civil penalties for violations.
(1) Any person who commits an offense under this chapter commits a civil infraction and subject to the minimum fines as specified in the latest version of penalty matrix approved by the County Drainage Board, plus costs, damages, and expenses. Each day such violation occurs or continues without a compliance action that is satisfactory to the county may be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(2) Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this section.
(D) Stop work order.
(1) In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this chapter or accepted final stormwater management plans, the county may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the county to proceed with the work. A stop work order will be posted on the site by the county and it is unlawful for any person to remove the notice or continue any work on the site without permission from the county. The county may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter or to avoid or reduce the effects of noncompliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.
(2) The jurisdiction entity may bring an action under I.C. 34-28-5-1(b), to be read together with I.C. 34-6-2-86(1)(B) and I.C. 13-21-3-12(4), to enforce a stop work order against any person who neglects or fails to comply with a stop work order.
(3) For construction projects that are operating under a SWPPP approved by the county, if a stop work order is issued on the grounds that the erosion and sediment control measures included in the construction plan are not adequate, the project site owner shall be notified in writing of the inadequacies in the erosion and sediment control measures and the project site owner has 72 hours after receiving written notice to resolve the identified inadequacies before the stop work order can take effect.
(4) The 72 hour period to resolve identified inadequacies on a construction project does not apply if the stop work order is issued to a construction project where the project site owner is creating a public health hazard or safety hazard.
(E) Withhold certificate of occupancy. If applicable, the county may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(F) Suspension, revocation, of modification of approvals/permits. The county may suspend, revoke, or modify any existing permit/approval that the violator may also have been previously granted. A suspended, revoked, or modified permit/approval may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit/approval may be reinstated upon such conditions as the county may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(G) Suspension of access to the stormwater drainage system.
(1) Emergency cease and desist orders.
(a) When the county finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the county may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to immediately comply with all ordinance requirements and take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(b) Any person notified of an emergency order directed to it under this section shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the county may commence court action against such person under I.C. 34-28-5-1(b), to be read together with I.C. 34-6-2-86(1)(B) and I.C. 13-21-3-12(4), to enforce a stop work order.
(c) The county may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the county that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the county within five days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(2) Suspension due to illicit discharges in emergency situations. The county may, without prior notice, suspend stormwater drainage system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the stormwater drainage system or waters of the state if the violator fails to comply with a suspension order issued in an emergency, the county may take such steps as deemed necessary to prevent or minimize damage to the stormwater drainage system or waters of the state, or to minimize danger to persons.
(3) Suspension due to the detection of illicit discharge. Any person discharging to the stormwater drainage system in violation of this chapter may have their stormwater drainage system access terminated if such termination would abate or reduce an illicit discharge. The county will notify a violator of the proposed termination of its stormwater drainage system access. The violator may petition the county for a reconsideration and hearing. A person commits an offense if the person reinstates stormwater drainage system access to premises terminated pursuant to this section, without the prior approval of the county.
(Ord. 2023-45, passed 12-12-2023)