(A) Performance bonds. The Town Administrator may by written notice order any owner or operator of a source of stormwater discharge associated with construction or industrial activity to file a satisfactory bond payable to the city in a sum not to exceed a value determined by the Town Administrator to be necessary to achieve consistent compliance with this chapter, any order issued hereunder, any required Best Management Practice, and/or any SWPPP provision, and/or to achieve final stabilization of the site. The city may deny approval of any building permit, grading permit, subdivision plat, site development plan or any other city permit or approval necessary to commence or continue construction or any industrial activity at the site or to assume occupancy until such a performance bond has been filed.
(B) Liability insurance. The Town Administrator may, by written notice, order any owner or operator of a source of stormwater discharge associated with construction or industrial activity to submit proof that it has obtained liability insurance, or other financial assurance, in an amount not to exceed a value determined by the Town Administrator, that is sufficient to remediate, restore and abate any damage to the MS4, the waters of the United States or any other aspect of the environment that is caused by the discharge.
(C) Public nuisances. A violation of any provision of this chapter or any order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the Town Administrator. Any person(s) creating a public nuisance shall be subject to the provisions of the city code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance.
(Ord. 365, passed 12-12-2013)