(A) Violations. Any land-disturbing construction activity or storm water runoff initiated after the effective date of this chapter by any person, firm, association, or corporation subject to provisions of this chapter shall be deemed a violation unless conducted in accordance with the requirements of this chapter. Both the owner of the property upon which a violation is committed, and the person actually committing the violation, if different from the owner, may jointly or severally be a “responsible person” subject to the enforcement provisions of this section.
(B) Notice of violation. When the MS4 Operator, Administrator, or designee determines that an activity is not being carried out in accordance with the requirements of this chapter, he or she shall issue by certified mail a written notice of violation to the responsible person, including the owner of the property if applicable. The notice of violation shall contain:
(1) The name and address of the owner of the property;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action;
(5) A notice that all construction activities must halt in accordance with division (D) of this section;
(6) A statement of the penalty or penalties that shall or may be assessed by the Board against the responsible person;
(7) A statement that the determination of violation may be appealed to the Board by the responsible person by filing a written notice of appeal within 15 days of service of notice of violation.
(C) Remediation. Upon receipt of written notification from the MS4 Operator, Administrator, or designee under division (B) of this section, the responsible person shall correct work that does not comply with the storm water management plan or other provisions of this permit. The responsible person shall make corrections as necessary to meet the specifications and schedule set forth by the MS4 Operator, Administrator, or designee in the notice.
(D) Stop work orders. Persons receiving a notice of violation will be required to halt all construction activities. This stop work order will be in effect until the MS4 Operator, Administrator, or designee confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil or monetary penalties in accordance with the enforcement measures authorized in this chapter.
(E) Emergency stop work orders. If the MS4 Operator, Administrator, or designee determines that a violation of this chapter constitutes an immediate and material threat to water quality and/or health and safety, he or she may issue an emergency stop work order to the responsible person by oral, phone, FAX, e-mail or similar communication. Persons receiving such emergency notice are required to halt all construction until the violation is corrected. If necessary, the MS4 Operator, Administrator, or designee shall immediately follow-up an emergency order by issuing a Notice of Violation under division (B) above.
(F) Miscellaneous enforcement provisions. The Department and the MS4 Operator, Administrator, or designee shall administer, implement and enforce the provision of this chapter. For this purpose, the MS4 Operator, Administrator and his agents shall have the right to enter upon and inspect real estate and facilities subject to regulation under this chapter as often as necessary during reasonable times to determine compliance or noncompliance with this chapter. The remedies listed in this chapter are not exclusive of any other remedies available under any federal, state or local laws or regulations.
(G) Transfer of permit. Prior to termination of the permit, if all or part of the construction site transfers from one MS4 area to another through annexation or other means, the site development permit, bond, and enforcement authority shall transfer through a Notice of Transfer between the two MS4 entities. This shall not indemnify the permit holder from any pending enforcement action.
(Ord. 2010-BCC-13, passed 4-19-10)