(A) Compliance with this subchapter.
(1) In addition to the requirements of this subchapter, compliance with the requirements set forth in the local Zoning and Subdivision Control Ordinance is also necessary. Compliance with all applicable ordinances of the town, as well as with applicable state statutes and regulations, shall also be required. Unless otherwise stated, all other specifications referred to in this subchapter shall be the most recent edition available. Violations of the requirements of this subchapter are subject to the penalties listed below.
(2) In order to execute any inspection authorized pursuant to this subchapter, any designated representative of the town shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his or her or their designated duties and enforcement of this section, unless the owner or occupant of the premises refuses to permit entry to the designated employee when entry is sought pursuant to this section.
(3) In the event of a like refusal, the Town Drainage Board may make application to the judge of any court in the county for the issuance of an administrative search warrant. The application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts, giving rise to the belief that a condition which is in violation of this section may exist, or that a violation in fact exists and must be abated. Any warrant issued pursuant to the application shall order the owner or occupant to permit entry of the designated representative for the purposes stated therein.
(B) Stop work order.
(1) In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this subchapter or accepted final stormwater management plans, the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner may order the work stopped by notice in writing served on any person engaged in the doing or causing of the work to be done, and any such persons shall forthwith stop the work until authorized by the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner to proceed with the work.
(2) The Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this subchapter or to avoid or reduce the effects of noncompliance herewith. The cost of any like protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.
(C) Failure to comply or complete. In addition to any other remedies, should any owner fail to comply with the provisions of this subchapter, the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner for all costs of the work.
(D) Suspension of access to the storm drain system.
(1) Suspension due to emergency situations.
(a) The Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner may, without prior notice, suspend storm drain system 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 the environment or to the health or welfare of persons or other animal life, or to the storm drain system or waters of the United States.
(b) If the violator fails to comply with a suspension order issued in an emergency, the town may take steps as deemed necessary to prevent or minimize damage to the storm drain system or waters of the United States, or to minimize danger to persons.
(2) Suspension due to the detection of illicit discharge.
(a) Any person discharging to the storm drain system in violation of this subchapter may have his or her storm drain system access terminated if the termination would abate or reduce an illicit discharge. The Town Drainage Board and/or the Town Public Works Commissioner will notify in writing a violator of the proposed termination of its MS4 access.
(b) The violator may petition the Town Drainage Board and/or the Town Public Works Commissioner for a reconsideration and hearing.
(E) Corrective action.
(1) Nothing herein contained shall prevent the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner from taking other action as may be necessary to prevent or remedy any violation.
(2) All costs connected therewith shall accrue to the person or persons responsible.
(3) Costs include, but are not limited to, repairs to the storm drain system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the town’s NPDES permit, attorney fees and other costs and expenses.
(F) Appeals.
(1) Any person to whom any provision of this subchapter has been applied may appeal any action or decision made in accordance therewith to the Town Council not later than 30 days after the action or decision being appealed has occurred.
(2) The appeal shall identify in a detailed fashion the matter being appealed and the basis for the appeal.
(3) The person appealing the decision or action will receive 48 hours written notice of the date, time and location at which the Town Council shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action or decision being appealed.
(4) The Town Council may consider, at the meeting, the recommendations of the Town Drainage Board and/or the Town Engineer and/or the Town Public Works Commissioner and the comments of other persons having knowledge of the matter being appealed.
(5) The Town Council may, in response to the appeal, grant a variance from the terms of this subchapter, but only upon finding that the following requirements have been satisfied:
(a) The application of this subchapter provisions being appealed will present or cause practical difficulties for a development or development site; provided, however, that practical difficulties shall not include the need for the developer to incur additional expenses in order to comply with this subchapter; and
(b) The granting of the relief requested will not substantially prevent the goals and purposes of this subchapter, nor result in less effective management of stormwater runoff.
(Ord. 030805, passed - -2005)