(A) Enforcement. The SSWU or its designated agent may pursue appropriate legal proceedings for the enforcement of this chapter and the SSWU shall be entitled to recover its costs expended and reasonable attorney's fees in such proceedings. If the person, property or facility has or is required to have a storm water discharge permit from KYDOW, the SSWU shall notify the appropriate state authorities of the violation. Any of the following enforcement remedies and penalties, to be applied independently or in a sequence as deemed necessary, shall be available to the city or the SSWU in response to violations of this chapter:
(1) Enforcement proceedings for this section shall be initiated by the issuance of a notice of violation (NOV) or a citation by the SSWU or its designated agent;
(2) The provisions of this chapter may be enforced by the Code of Chapter Enforcement Board established in Chapter 33 of the Hopkinsville Code of Ordinances or in the alternative, the Christian County District Court as a misdemeanor and/or violation;
(3) For violations involving active permits, the city or the SSWU may revoke and require surrender of a permit or certificate by notifying the permit holder, in writing, of the reason for the revocation. Permits or certificates may be revoked for any substantial departure from the approved plans thereby resulting in an illicit discharge as defined herein (Ord. 32-2005 § 23, as amended) (See Ch. 54 of this code of ordinances.);
(4) For violations involving active construction sites, the SSWU or its designated agent 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 attempting to eliminate the illicit discharge may be used as justification to revoke permits as described above;
(5) Suspension of MS4 access due to illicit discharges in emergency situations. The city or the SSWU may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the MS4, or to waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city or the SSWU may take such steps as deemed necessary to prevent or minimize damage to the MS4, or waters of the United States, or to minimize danger to persons; and/or
(6) Suspension of MS4 access due to the detection of illicit discharge. Any person discharging to the MS4 or any conveyance in violation of this section may have their MS4 access terminated if the termination would abate or reduce an illicit discharge. The city or the SSWU shall require the violator to disconnect access to the MS4 at their cost or take corrective action to eliminate the source of the illicit discharge. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SSWU.
(B) Penalties.
(1) Any person who violates this chapter or fails to comply with any of its requirements shall be fined not more than $500, nor less than $100.
(2) Each day such violation continues after receipt of a notice of violation shall be considered a separate offense. Nothing herein shall prevent the SSWU from taking such other lawful action as is necessary to prevent or remedy any violation (Ord. 32-2005 § 36, as amended).
(C) Costs of abatement of a violation.
(1) Any person causing a violation of this section which requires the city and/or the SSWU to expend public funds for the response to the violation, its abatement or the cleanup or removal of any prohibited discharges, pollutants or hazardous materials shall be liable to the city and/or the SSWU for all recoverable fees and costs incurred by the city and/or the SSWU for the response, cleanup and removal, including but not limited to, personnel costs of any city departments, replacement costs of supplies and equipment contaminated as a result of the discharge, proper disposal of contaminated materials, cleanup, evacuation and administrative and other expenses, including legal expenses, incurred in recovering the costs.
(2) Any such illegal discharges shall be considered a public health hazard and the city or SSWU shall have a lien against the property for its recoverable costs if these costs are not paid within 90 days of invoice.
(Ord. 36-2007, passed 11-20-2007)