(a) Notice of Violation. When the City of Louisville finds that a person has violated a prohibition or failed to meet a requirement of this regulation, the City of Louisville may order compliance by written Notice of Violation. Such notice must specify the violation and shall be hand delivered, and/or sent by registered or certified 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 discharges or illegal connections;
(3) That violating discharges, practices, or operations cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; or
(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 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 in the Notice of Violation.
(d) Administrative Hearing: If the person receiving Notice of violation contests the charge, compliance standards, or the time period to remediate or implement corrective measures shall file a Notice of Appeal with the Louisville Zoning Board of Appeals within the time period provided for corrective action or 30 days whichever is period is shorter. The City of Louisville shall schedule an administrative hearing to review the relevant issues presented. Notice of the administrative hearing shall be hand delivered and/or sent registered or certified mail.
(e) The administrative process will not preempt, supersede, or replace other enforcement actions, including the filing of criminal actions regarding illegal discharges.
(1) Whoever causes or permits an illicit discharge of pollutants or contaminates into the storm water sewer system or has an illegal connection that discharges any liquid or other material into the storm water sewer is guilty of violating the illegal discharge into the storm water sewer system which is a Misdemeanor of the Fourth Degree. Each day the violation continues is a separate offense. The citation of violation may be served by personal service, registered mail, or certified mail.
(f) 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 regulation pursuant to Ohio R.C. 3709.211. If a owner/operator has violated or continues to violate the provisions of this regulation, the City of Louisville may petition for a preliminary or permanent injunction restraining the owner/ operator from activities that would create further violations or compelling the owner/operation to perform abatement or remediation of the violation.
(Ord. 09-53. Passed 1-4-10.)