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(A) Primary responsibility. The Floyd County Health Department and the city's Sewer Department shall have joint responsibility for enforcement of the provisions of this chapter.
(B) Notice. Upon notification or discovery of any violation of the provisions of this chapter, the administering agency shall immediately investigate the site upon which the violation is located. The administering agency will be the lead enforcement agency for violations of this chapter. If a violation exists, a notice describing the violation shall be served upon the person who is responsible for the facilities upon which the violation has occurred, if the identity of the person is known. The notice shall also include the following if applicable:
(1) A statement that the situation must be abated within the period of time prescribed by the administering agency, giving the person responsible for the release the option to initiate clean-up and disposal; provided that, no unreasonable delay or damage to the public is the result thereof;
(2) A statement that if the situation is not remedied within the prescribed period of time, the administering agency with jurisdiction may proceed to correct the violation;
(3) A statement that the person shall be liable for any costs incurred by public agencies associated with their releases except for those costs that are associated with a normal emergency response;
(4) A statement that after the administering agency has corrected the violation, a bill shall be sent charging the person the amount of costs and expenses incurred by the governmental agency in correcting the violation; and
(5) A statement that penalties may be levied for violations that have occurred.
(C) Governmental response. In cases where the identity of a person who is responsible for facilities upon which a violation has occurred is not known at the time a violation is reported, the city or any governmental agency with jurisdiction in the county may take reasonable steps to abate any problem and may take reasonable steps to clean up the area affected to assure continuing safety of the public and the environment. When the identity of the person responsible for the facility is determined, a bill shall be sent to the person for the costs for correcting the violation according to the provisions of division (B) above.
(D) Injunctive relief. The administering agency is empowered to seek injunctive relief for violations of this chapter should other means prove ineffective and a threat to public health and safety exists.
(Ord. G-87-193 passed 7-6-1987)