(A) In the event the MS4 Operator, Administrator, or designee is unable to obtain compliance through the procedures prescribed under § 154.09(B), (C) and/or (D), the MS4 Operator, Administrator or designee shall, after determining in his sole discretion which course of action will best result in a correction of the violation:
(1) File the notice of violation with the Board, which shall conduct a hearing, with notice to the responsible person, within 30 days of such filing. If the Stormwater Board finds by a preponderance of the evidence that a violation of this chapter has occurred, it may impose fines upon the responsible person in an amount not to exceed $7,500, all in accordance with I.C. 36-1-6-9(d), and/or issue orders to correct violations. In the event the responsible person does not pay any fine imposed by the Board or correct the violation as ordered by the Board, the Board may commence a court action to enforce any fine or to obtain compliance with any order under I.C. 34-28-5-1(b); or
(2) Commence a court action under I.C. 34-28-5-1(b) to enforce this chapter. Such action may be for injunctive relief restraining the responsible person from activities causing a violation or compelling such person to perform abatement or remediation of the violation. In addition, or in the alternative, the court, in its discretion, may impose fines not exceeding $7,500.
(3) For purposes of this section, a separate violation shall be deemed to have occurred for each day during which a particular violation occurs or continues to occur.
(B) Any appeal under § 154.10(A) by a responsible person of an order of fine issued by the Board must be filed with the court not more than 60 days after the day on which the Board order is entered, all in accordance with I.C. 36-1-6-9(e) and (f).
(C) The Board may from time to time adopt and publish a schedule of fines to be imposed for violations of this chapter. Any such schedule shall serve as a guideline to the Board, from which the Board may deviate if, in the Board's sole discretion, the facts require.
(Ord. 2010-BCC-13, passed 4-19-10)