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(A) Notwithstanding other requirements of the law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system or water of the United States, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the utility within three business days of the phone notice.
(B) If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(Ord. 2, 2012, passed 2-21-2012)
(A) Whenever the utility finds that a person has violated a prohibition or failed to meet a requirement of this subchapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person.
(B) Such notice may require without limitation:
(1) The performance of monitoring, analysis and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices or operation shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(Ord. 2, 2012, passed 2-21-2012) Penalty, see § 152.99
Any person receiving a notice of violation may appeal the determination of the utility. The notice of appeal must be received within three days from the date of the notice of violation. Hearing on the appeal before the Town Court shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the Town Court shall be final.
(Ord. 2, 2012, passed 2-21-2012)
(A) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal, within three days of the decision of the municipal authority upholding the decision of the utility, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property.
(B) It shall be unlawful for any person, owner or agent in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 2, 2012, passed 2-21-2012) Penalty, see § 152.99
Within three days after abatement of the violation, the owner of the property will be notified of the cost of abatement including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the utility or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(Ord. 2, 2012, passed 2-21-2012) Penalty, see § 152.99
(A) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this subchapter.
(B) If a person has violated or continues to violate the provisions of this subchapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement of remediation of the violation.
(Ord. 2, 2012, passed 2-21-2012) Penalty, see § 152.99
In lieu of enforcement proceedings, penalties and remedies authorized by this subchapter, the utility may impose upon a violator alternative compensatory actions such as storm drain stenciling, attendance at compliance workshops, creek cleanup and the like.
(Ord. 2, 2012, passed 2-21-2012)
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this subchapter is a threat to public health, safety and welfare and is declared and deemed a nuisance and may be summarily abated or restored at the violator’s expense and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken.
(Ord. 2, 2012, passed 2-21-2012) Penalty, see § 152.99
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