(a) Enforcement response actions available to the urban county government for violations of chapter 16 by any person shall include:
(1) Informal notice: These actions include statements made during sampling and/or inspection visits, telephone calls to the violator, informal meetings, warnings or reminder letters. Informal notices may be used for minor violations, and the communication shall indicate to the violator that the action constitutes an informal notice.
(2) Formal actions: These actions shall include:
(a) Notice of violation: Any person found to be violating any provision of this chapter shall be served by an authorized representative of the urban county government with a written notice stating the nature of the violation. The notice of violation will be served on the violator, if known, or, in the alternative, on the owner or manager of the property where the violation occurred. If practicable, the responsible person shall immediately correct the violation. If the violation is not immediately reparable the notice will provide a reasonable time period of at least twenty-four (24) hours for the satisfactory correction thereof. The time period specified shall not impose unrealistic requirements under prevailing weather conditions, site soil conditions, or other relevant conditions. The responsible person shall, within the time stated in such notice, permanently cease all violations and may request a meeting with the director of the division of waste management, division of water quality, or division of environmental policy as appropriate based on the nature of the violations. The enforcement response may be escalated if compliance is not achieved within the specified abatement period. A notice of violation shall precede the issuance of a civil citation unless:
(1) There is reason to believe that the violation presents a serious threat to the public health, safety, and welfare or the environment, or
(2) In the absence of immediate action, the effects of the continuation of the violation would be irreparable or irreversible, or
(3) The offense occurs after the first citation for the same type violation is issued to a person or entity for the same property address.
(b) Civil citations: Any person who violates any provision of chapter 16 shall for every civil offense be subject to civil fine for each day the violation continues based upon the provisions in section 16-203. All civil citations issued for violations of any provision of chapter 16 shall be issued by an authorized code enforcement officer or a peace officer and shall contain the information required in chapter 2B of the Code and a cross-reference to the notice of violation or administrative order that describes the corrective or remedial measures to be taken by the violator to address the violation. The notice of violation or administrative order may be attached to the citation.
(c) Administrative orders.
(1) Any person who, after receiving a notice of violation, continues to violate any provision of chapter 16 or who is determined to be a chronic or persistent violator may be ordered to appear before the director of the division of waste management, division of water quality, or division of environmental policy, as appropriate based on the nature of the violations. The director shall be provided an explanation for all violations and undertake appropriate enforcement action pursuant to this section. Any person receiving a notice of violation may request a meeting with the appropriate director to dispute the notice or proposed remedial measures and the request may be granted in the director's discretion.
(2) Compliance schedules; compliance orders: When the director, division of environmental policy, finds that a person has violated any provision of this chapter, an order may be issued to the person for the noncompliance providing for corrective or remedial measures to be taken by such person. The director is hereby empowered to issue a compliance schedule providing a reasonable time for the violator to come into compliance with the provisions of chapter 16. The director is further empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the person responsible for the noncompliance, or absent agreement, to enter any other order containing requirements reasonably necessary and appropriate to address the noncompliance, such as, if necessary, installation of pretreatment technology, additional self-monitoring and management practices. Any such order will include specific action to be taken by the violator to correct the noncompliance within a time period also specified in the order. Orders establishing an agreement with the violator shall have the same force and effect as all other administrative orders.
(3) Cease and desist order: When a person has violated any provision of this chapter, the director of environmental policy, director of water quality, or director of waste management may issue an order that the person immediately cease and desist all such violations and may direct those persons in noncompliance to comply forthwith and/or take appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation such as terminating the discharge.
(d) All notices of violation and administrative orders may be served upon the responsible party by personal service or by regular mail, and if the responsible party is not the property owner, a copy shall also be provided to the property owner (or, where appropriate, his designee pursuant to subsection 16-10(e)), by personal service or by fax transmission or by regular mail to the last known address of the owner of the property as it appears on the current tax assessment roll or to the designee's address. All citations shall be served in conformity with section 2B-6 of the Code and are appealable as provided in chapter 2B of the Code.
(e) The type and severity of the enforcement action response shall be within the discretion of the department of environmental quality commissioner and the department's division directors based upon the facts and circumstances of each matter.
(Ord. No. 143-2009, § 19, 7-7-09; Ord. No. 77-2011, § 20, 6-23-11; ; Ord. No. 221-2016 , § 18, 12-6-16)