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(a) A person must not discharge, or cause to flow from a storage system or other container, any pollutant into waters of the state in the County except in concentrations or quantities explicitly authorized by an approved National Pollutant Discharge Elimination System discharge permit or by a plan for compliance, or that are consistent with the utilization of approved best management practices.
(b) A person must not connect any apparatus discharging any pollutant, in any quantity, to any part of the waters of the state in the County except as explicitly authorized by an approved National Pollutant Discharge Elimination System discharge permit or by a plan for compliance, or as results from approved best management practices.
(c) A person must not improperly store, handle, or apply any pollutant in a manner that will cause its exposure to rainfall or runoff and discharge as point source or nonpoint source pollution into waters of the state in the County except in concentrations or quantities authorized by an approved National Pollutant Discharge Elimination System discharge permit or by a plan for compliance, or as results from approved best management practices. (1994 L.M.C., ch. 31, § 1.)
Editor’s note—See County Attorney Opinion dated 12/13/99 explaining that the County has the authority to inspect stormwater management facilities constructed before 1985, but maintenance responsibility lies with the owner.
(a) The Director must regulate waters of the state in the County according to state water quality standards and designated water uses set forth in state regulations If the Director finds that more stringent standards than those adopted by the state are necessary, such standards may be established by regulation adopted under Section 19-49(c).
(b) The Director may order:
(1) the abatement of any discharge and correction of any pollution of waters of the state in the County; and
(2) the abatement and correction of any degradation of riparian habitat and aquatic life, caused by a failure to design, install, operate, or maintain sediment control, stormwater management, or agricultural best management practices in accordance with an approved sediment control plan, stormwater plan, sediment control permit, Soil Conservation and Water Quality Plan, or plan for compliance.
(c) If illegal pollutant discharges from properties engaged in agriculture impair aquatic life or public health, cause stream habitat degradation, or result in water quality standards or criteria violations, the Department must pursue correction of these violations in conjunction with the Soil Conservation District and, if necessary, the state Department of the Environment. Abatement of any violations must be handled in accordance with a memorandum of understanding between the Department and the Soil Conservation District regarding the specific notification and enforcement procedures to be followed in cases of water pollution caused by agriculture.
(d) Best management practices used to comply with this Article must be designed, installed, operated, and maintained in accordance with sediment control plans, stormwater management plans, or sediment control permits approved by the Department of Permitting Services. Agricultural best management practices must be designed, installed, operated, and maintained in accordance with Soil Conservation and Water Quality Plans approved by the Soil Conservation District. (1994 L.M.C., ch. 31, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
(a) If the Director requires the owner or operator of any industrial site to prepare and implement a site control plan to mitigate and eliminate pollution caused by activities at the site, the Director may require the owner or operator, in compliance with the plan, to:
(1) maintain records to demonstrate compliance;
(2) prepare and file reports necessary to demonstrate compliance; and
(3) sample and provide physical, biological, or chemical analysis of discharges by using:
(A) a state certified laboratory; and
(B) sampling methods where, when and how the Department requires.
(b) Upon request of the Department, the owner or operator must provide any records, manifests, and invoices for review. If the documents are not available at the time of the request, the owner or operator must produce the records within the time designated by the Director. (1994 L.M.C., ch. 31, § 1.)
(a) The Department may enter a site at any time during normal business hours, and at other reasonable times, to inspect, investigate, or monitor activities subject to this Article. If the person in charge of the site does not consent to any entry by the Department, the Director must obtain an administrative search warrant from a court with jurisdiction by showing that reasonable administrative standards for inspecting the site have been met.
(b) If a discharge is observed which represents an immediate hazard to public health or safety, or aquatic life, the Director or employees of the Department of Police, the Department of Fire and Rescue Services, and any other agent of the County designated by the County Executive, may enter any property or structure, except a dwelling, as necessary to prevent or stop the hazard.
(c) A person must not hinder, prevent, or unreasonably refuse to permit any inspection, investigation, or monitoring under this Article.
(d) Upon finding a violation of this Article, the Director may issue a notice of violation, stop order, or corrective order to any person causing or permitting the violation.
(e) Any person who causes or permits a violation of this Article to occur must submit a plan for compliance when required by the Department. A plan for compliance and any amendment to it must be approved by the Director. If the violation involves a person engaged in agriculture, a plan for compliance must be developed under Section 19-51(c).
(f) A person who has submitted a plan for compliance that has been approved by the Director is not in violation of this Chapter as long as the person acts in accordance with the plan for compliance.
(g) The Director of Permitting Services may issue a stop work order to any person who violates this Article when performing activities authorized by a building permit or sediment control permit issued under Chapter 8 or Chapter 19.
(h) In addition to any other remedy allowed by law, the Department may seek injunctive or other appropriate judicial relief to prevent or stop any violation of this Article. (1994 L.M.C., ch. 31, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2001 L.M.C., ch. 27, § 1; 2002 L.M.C., ch. 16, § 2.)
Editor’s note—2001 L.M.C., ch. 27, § 2, states: Transition. Until superseded, a Regulation issued before this Act took effect [February 27, 2002] remains in effect to the extent the regulation is consistent with Chapter 19, as amended by this Act. This Act does not apply to a violation of Chapter 19 that initially accrued before this Act took effect [February 27, 2002].
(a) In an immediate danger to the public health or safety, the Director must notify the responsible party by the most expeditious means, and the party who was notified must remove the illegal discharge or pollutant by the time stated in the notice. If it is not so removed, the Department may remove, mitigate, and clean up any illegal discharge or pollutant. The cost of that removal, mitigation, and clean-up must be paid to the County by the person who did not remove, mitigate, and clean up the illegal discharge and pollutant, and is a debt due to the County. The cost of removal, mitigation, and clean-up is a lien upon all real property. The cost of removal, mitigation, and clean-up may be listed on the tax bill and may be collected in the manner of ordinary taxes. This Section does not restrict the Department from proceeding directly with alternative enforcement procedures under Section 19-53.
(b) If, after an inspection by the Department, the Director finds that a pollutant discharge poses an immediate hazard to the public health or safety or to the waters of the state in the County, the Director must take action necessary to abate the pollutant discharge, protect the public, and mitigate any damage that the pollutant discharge has caused to the affected waters. Any cost incurred in carrying out actions under this subsection must be paid by the owner under subsection (a).
(c) The Director may establish fees and charges necessary to administer and enforce this Article as provided in regulations adopted under method (3). (1994 L.M.C., ch. 31, § 1.)
Secs. 19-55--19-59. Reserved.
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