(a) Any person violating any of the provisions of articles II, V, or X of this chapter shall become liable to the urban county government for any expense, loss or damage occasioned by the urban county government by reason of such violation. Said person shall also be liable for repairing or restoring any sanitary sewer, storm sewer, natural outlet stormwater control device, or other stream, structure or property that is damaged, obstructed or impaired by such violation to its pre-existing condition.
(b) If any person discharges sewage, industrial waste or other waste into the urban county government waste water disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the urban county government, the urban county government may commence an action for appropriate legal and/or equitable relief, including injunctive relief in conformance with 401 KAR 5:057.
(c) When there is reason to believe that the violation of chapter 16 presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the continuation of the violation would be irreparable, irreversible, or otherwise detrimental to the environment, the urban county government may abate the conditions without prior notice. In such cases the government may, in addition to any civil fine imposed on the violator, charge the responsible person with an administrative fee of two hundred and fifty dollars ($250.00) and with the costs for any expense, loss or damage incurred by the urban county government by reason of such violation. Said person shall also be liable for the costs of repairing or restoring any sanitary sewer, stormwater control device, or other infrastructure or stream that is damaged, obstructed or impaired by such violation to its pre-existing condition. The urban county government may file a lien for the costs of such abatement in accordance with section 2B-9 of the code and this article. Citations, if issued, shall not preclude the government from abating the conditions and billing the responsible person, persons, or entities for the cost of abatement.
(d) If any violation has not been corrected pursuant to the requirements set forth in the citation or administrative order or, in the event of an appeal, within five (5) days of the decision of the hearing board upholding the decision of the authorized enforcement agency or such other time period specified in the order of the hearing board, then representatives of the authorized enforcement agency may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property.
(e) It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the authorized enforcement agency or designated contractor to enter upon the premises for the purposes set forth in subsections (c) and (d) above.
(f) The urban county government may file a lien for the cost of such abatement under subsections (c) and (d) in accordance with section 2B-9 of the Code and this article.
(g) Pursuant to 401 KAR 5:057 Section 6, relating to pretreatment program requirements, the names of all industrial dischargers that significantly violated applicable pretreatment standards in the previous twelve (12) months will be published in the largest local daily newspaper at least annually.
(h) Reserved.
(i) Reserved.
(j) Pursuant to 401 KAR 5:057 section 6(4)(b)(7), the names of all industrial dischargers that significantly violated applicable pretreatment standards in the previous twelve (12) months will be published in the largest local daily newspaper at least annually.
(Ord. No. 143-2009, § 19, 7-7-09; Ord. No. 77-2011, § 21, 6-23-11; Ord. No. 221-2016 , § 20, 12-6-16)