(A)   Written notification. In the event the town’s wastewater utility or other regulatory agency determines the project is not in compliance with this subchapter or the town drainage standards and specifications, the project site owner will be issued a written notification form. The written notification may be in the form of a warning letter of noncompliance or violation notice.
   (B)   Restitution. Any agency charged with enforcement of this subchapter, under division (A) above, may after a five-day notice, enter a construction site in order to construct, repair, or replace any erosion control device to reduce or remediate stormwater runoff from the site. The enforcement agency may recover the direct cost of such remediation activities, in addition to the penalties assessed above in this section.