(a) When the City finds that a violation may exist, the City may order compliance by verbal or written notice of violation. Written notice of violation shall be hand-delivered, and/or sent by registered mail, to the owner/operator of the facility. Such notice may require actions by the owner, which may include, but not be limited to, the following:
(1) A. Suspension due to illicit discharges in emergency situations. The City or authorized agent may suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized agent may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
B. Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized agent will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized agent for a reconsideration and hearing.
C. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized agent.
(2) Monitoring, analyses, and reporting;
(3) The elimination of illicit discharges or illegal connections;
(4) That violating discharges, practices, or operations cease and desist;
(5) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(6) The implementation of source control or treatment BMPs; or
(7) Reimbursement to the City for any costs associated with investigations and monitoring.
(b) If abatement of a violation and/or restoration of affected property is required, the written 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 in violation of this regulation must meet compliance standards and shall be wholly responsible for all abatement costs.
(d) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the City shall determine the next enforcement activity.
(e) 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 an owner/operator has violated or continues to violate the provisions of this regulation, the City may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(Ord. 2007-40. Passed 11-12-07.)