(A) Suspension of MS4 access.
(1) In the event of an emergency, the Lowell MS4 Operator may, without prior notice, suspend MS4 discharge access to a person when the suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to public health, the environment, the MS4, or the waters of the State of Indiana. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize the danger to the public, damage to the MS4 or waters of the State of Indiana.
(2) Any person discharging to the MS4 in violation of this subchapter may have their MS4 access terminated if the termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
(B) Notice of violation.
(1) Whenever the Lowell MS4 Operator finds that a person has violated any prohibition or failed to meet any requirements of this subchapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. The notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(e) Payment of a fine to cover all attorney, administrative, sampling and remediation costs;
(f) The implementation of source control or treatment BMPs.
(2) If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which the remediation or restoration must be completed. The notice shall advise that should the violator fail to remediate or restore within the established deadline, the work will be done by a contractor and all the expenses shall be charged to the violator.
(C) Appeal of notice of violation. Any person receiving a notice of violation may appeal, in writing, the determination of the authorized enforcement agency. The notice of appeal must be received within 15 days from the date of the notice of violation. The Lowell Storm Water Management Board shall hold a hearing within 15 days from the date of receipt of the notice of appeal. The decision from the hearing shall be final.
(D) Enforcement measures after appeal. If the violation has not been corrected pursuant to therequirements set forth in the notice of violation or deadline set during the appeal hearing, the authorized enforcement agency shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. 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 its designated contractor to enter upon the premises for the purposes set forth above.
(E) Cost of abatement. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of the abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days of notification. If the amount due is not paid within 30 days or by the date expressed by the authorized enforcement agency, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the Auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.
(Ord. 2005-02, passed 1-24-05; Am. Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19)