(A) Whenever the City of Lebanon, or its designated agent, finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city, or its designated agent, may order compliance by written notice of violation to the responsible person. Such notice must specify the violation and shall be delivered and/or sent by registered mail to the owner/operator of the facility. Such notice may require the following actions:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or illicit discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
(5) The implementation of source control or treatment BMPs.
(B) If abatement of a violation and/or restoration of affected property is required, the notice of violation shall set forth a deadline, determined at the discretion of the enforcement agent, within which such remediation or restoration must be completed. Said notice shall further advise that, should the facility owner/operator fail to remediate or restore within the established deadline, a legal action for enforcement may be initiated.
(C) Any person receiving a notice of violation must meet compliance standards within the time established at the discretion of the enforcing agent in the notice of violation.
(D) Injunctive relief. It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this chapter. If an owner/operator has violated or continues to violate the provisions of this chapter, the city or its designated agent may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation or other appropriate relief. The court may order the implementation of control measures and may assess a civil fine of not less than $100 or more than $500. Each day of violation of a rule of this chapter or administrative order issued under this chapter shall be considered a separate violation subject to a civil fine.
(Ord. 2022-031, passed 3-22-22)