(A) Functioning under the ultimate authority of the Department Board of Directors, the Administrator (Coordinator) is hereby authorized to administer, implement and enforce the provisions of §§ 53.03 through 53.05 in accordance with the policies and procedures set out in this section. For this purpose, the Administrator shall have the right to enter upon and inspect real estate, conveyances and facilities subject to regulation hereunder as often as necessary to determine compliance or non-compliance.
(B) If a violation is identified and cannot be informally resolved by the Administrator, the Administrator, in his discretion, may issue a notice of violation to the responsible party. This notice shall be served by certified mail, return receipt requested, and shall describe the violation committed and state that it must be corrected within 15 days (or more, if circumstances dictate) of receipt, or further action may be taken, including possible fines, court actions or other remedial steps permitted by §§ 53.03 through 53.05.
(C) If the violation is corrected within the allotted time, no further action need be taken. If the violation is not timely corrected, the Administrator may, in his or her discretion, seek compliance by imposing a fine upon the responsible party for each day the violation exists, not to exceed $1,000 in the aggregate. If such fine does not achieve compliance, or the Administrator opts not to impose a fine, the Administrator may refer the matter to the Board of Directors requesting that, after due consideration, the Board take one or more of the following actions:
(1) Set a hearing on the violation, with due notice to the responsible party by certified mail, return receipt requested, mailed at least 15 days prior to the date set for the hearing.
(2) With or without a hearing:
(a) Issue an order to the responsible party to correct the violation;
(b) Impose fines not to exceed $2,500 in the aggregate in accordance with I.C. 36-1-6-9;
(d) Seek reasonable compensation from a court for damages the responsible party has caused to Howard County's MS4 System.
(D) An appeal of any action, order or fine imposed by the Board, or any fine imposed by the Administrator pursuant to division (C) above, must be filed with the court not more than 60 days after the imposition of any action, order or fine, all in accordance with I.C. 36-1-6-9(f).
(E) The above enumerated remedies are not exclusive of any other remedies which may be available to the Board under any federal, state or local law or regulation.
(Am. Ord. 2010-BCC-12, passed 4-19-10; Am. Ord. 2023 BCCO-25, passed 6-19-23)