(a) In addition to the other enforcement powers and remedies established by this Article, the Director has the authority to utilize the following administrative remedies.
(1) Cease and desist orders. When the Director finds that a discharge has taken place or is likely to take place in violation of this Article, the Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (a) comply with the requirement; (b) comply with a time schedule for compliance, and/or (c) take appropriate remedial or preventive action to prevent the violation from recurring. The Director may refer the violation to the West Virginia Department of Environmental Protection for further civil and/or criminal prosecution in accordance with the Clean Water Act. The Director may, in any case, assess a charge to the violator to recover the cost of response/remediation incurred by the utility. If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the property. The Director may also bring a civil action in a court of competent jurisdiction to recover unpaid costs and fees.
(2) Notice to clean. Whenever the Director finds any oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds or in close proximity to any open drain or ditch channel, which may result in an increase in pollutants entering the storm drain system or a non-stormwater discharge to the storm drain system, he or she may give notice to the property owner remove and lawfully dispose of such material in any manner that he or she reasonably may provide. The recipient of such notice shall undertake the activities as described in the notice within the time frames set forth therein.
(3) In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director may cause such required activities as described in the notice to be performed, and the cost thereof shall be assessed and invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the property. The Director may also bring a civil action in a court of competent jurisdiction to recover unpaid costs and fees.
(Ord. 2010-17. Passed 1-13-11.)