13.52.090: ENFORCEMENT:
   A.   Enforcement Authority: The division shall have the authority to enforce the provisions of this chapter.
   B.   Authority To Inspect: Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the division has cause to believe that there exists, or potentially exists, a condition which constitutes a violation of this chapter, the division may enter the premises at all reasonable times to inspect the same and to inspect and copy records related to compliance with this chapter. In the event the owner or occupant refuses entry after a request to enter and inspect is made, the division is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
   C.   Notification Of Violation:
      1.   Written Notice: Whenever the division finds that any permittee or any other person discharging stormwater has violated or is violating this chapter or a permit or order issued hereunder, the division may serve upon such person written notice of the violation. Within ten (10) calendar days of the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the division. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
      2.   Consent Orders: The division is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsections C4 and C5 of this section.
      3.   Show Cause Hearing: The division may order any person who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for the action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.
      4.   Compliance Order: When the division finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, the division may issue an order to the violator directing that, following a specific time period, adequate structures and/or devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including, without limitation, the construction of appropriate structures, installation of devices, self-monitoring, and management practices. The division may also order payment to cover administrative, remediation, monitoring, analyses, and reporting costs.
      5.   Cease And Desist Orders: When the division finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the division may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
         a.   Comply forthwith; or
         b.   Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
   D.   Suspension Of Access To The City's Stormwater System:
      1.   Emergency Situations: The division may, without prior notice, suspend City stormwater system 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 stormwater system or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the division may take steps as deemed necessary to prevent or minimize damage to the City's stormwater system or waters of the United States, or to minimize dangers to persons.
      2.   Detection Of Illicit Discharge: Any person discharging to the City stormwater system in violation of this chapter may have their City stormwater system access terminated if such termination would abate or reduce an illicit discharge. The division will notify a violator of the proposed termination of its MS4 access. The violator may petition the division for a reconsideration and hearing. (Ord. 17-40)