(b) Fees.
(1) The Fee Schedule for SWM/SC permit processing, plan review and field inspections is provided in a separate regulation. The current schedule adopted by the Village may also be requested from the Stormwater Manager.
(2) Plan review fees and inspection fees for subdivisions and planned unit developments are included in the fee schedule prescribed by the Village Subdivision Regulations.
(c) Inspections.
(1) The Stormwater Manager and the Stormwater Engineer are authorized to conduct inspections of the properties regulated under these regulations. Access shall be allowed at all times during regular working hours. If the site is to be secured during those times, then arrangements must be made at the time the permit is issued to allow inspectors to view the project.
(2) Inspections will be made during the construction process to ensure that the site and all components operate and are maintained. If the inspector finds a violation of the permit, the inspector may mail a letter to the Owners/Operators requesting repairs and specifying a time frame for making the repairs. The owner or operator shall notify the Stormwater Manager when repairs were made.
(d) Stop Work Orders.
(1) If the Village or the Stormwater Manager determines that a violation of these regulations exists, the Village or the Stormwater Manager may issue an immediate stop work order if the violator failed to obtain any federal, state or local permit, including an SWM/SC permit, necessary for sediment and erosion control, earth movement, clearing, or cut and fill activity. In addition, if the Village or Stormwater Manager determines such a regulatory violation exists, regardless of whether or not the violator has obtained the proper permits, the Village or the Stormwater Manager may authorize the issuance of a notice of violation. If the violation continues for at least 30 days after the issuance of the notice of violation, the Village or the Stormwater Manager shall issue a second notice of violation. Except as provided in subsection (d)(4) hereof, if the violation continues for at least 15 days after the issuance of the second notice of violation, the Village or the Stormwater Manager may issue a stop work order after obtaining the written approval of the Village Law Director, if in the opinion of the Village Law Director the violation is egregious.
(2) Once a stop work order is issued, the Village or the Stormwater Manager shall request in writing that the Village Law Director seek an injunction or other appropriate relief in a court of appropriate jurisdiction to abate excessive erosion or sedimentation and secure compliance with these regulations.
(3) The stop work order shall inform the person to whom it is issued of that person’s right to appeal the order to the Court of Common Pleas of Richland County seeking equitable or other appropriate relief from that order. No work subject to the stop work order shall continue unless and until the Court of Common Pleas orders to the contrary or the stop work order is modified or revoked to allow resumption of the work.
(4) No stop work order shall be issued under this section against any public highway, transportation, or drainage improvement or maintenance project undertaken by a government agency or political subdivision in accordance with a statement of its standard sediment control policies that is approved by the Village or the chief of the Division of Soil and Water Conservation in the Department of Natural Resources.
(5) No person shall violate any of these regulations, a permit issued pursuant to these regulations, or an order issued by the Village or the Stormwater Manager. Notwithstanding subsection (d)(1) hereof, if the Village determines that a violation of any of these regulations or an administrative order exists, the Village may request in writing that the Village Law Director seek an injunction or other appropriate relief in a court with appropriate jurisdiction to abate excessive erosion or sedimentation and secure compliance with the regulations or order.
(e) Corrective Actions. Any Owner/Operator allowing the discharge of sediment from its property shall correct the offending condition as soon as possible given existing weather conditions, as follows:
(1) In the case of damage to private property, the Owners/Operators shall make arrangements with any owner whose property has been damaged to correct the offending condition. Written confirmation, listing the corrective measures to be taken, must be provided to the Stormwater Manager.
(2) In the case of damage to public property, such as roads, ditches, utilities, or any other property owned by the State, County, Township, or Municipality, the Owners/Operators shall correct the offending condition to the full satisfaction of the public authority.
(f) Appeals. Any person who is aggrieved by the Stormwater Manager’s issuance, denial, amendment, or revocation of any SWM/SC permit may appeal to the Village’s duly appointed Appeals Board. The standard of proof at such hearing before the Appeals Board shall be preponderance of the evidence. The burden of proof shall be on the person appealing to the Appeals Board, except that the Stormwater Manager has the burden of proof when a permittee appeals a permit amendment initiated by the Stormwater Manager. If a simple majority of the participating members of the Appeals Board finds in favor of the person appealing, relief shall be granted to that person in the form of a written order by the Appeals Board.
(Ord. 07-40. Passed 7-16-07.)