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a. Industrial stormwater sources shall, upon the department's request or pursuant to the rules of the department, submit to the department any information or records necessary to determine compliance with the MSGP and this subchapter and any rule promulgated pursuant thereto. Such records may include, but need not be limited to, stormwater pollution prevention plans and reports of monitoring activities and results required pursuant to the MSGP.
b. The department may require such records to be maintained and provided to the department electronically.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)
Subchapter 4: Enforcement
Notwithstanding any other provision of law, the commissioner, and the environmental control board within the office of administrative trials and hearings, shall enforce the provisions of this chapter and the rules promulgated pursuant thereto.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)
The commissioner, and the environmental control board within the office of administrative trials and hearings, shall have the power to issue such orders as may be provided for in this chapter and the rules promulgated pursuant thereto and such additional orders as may be necessary for the enforcement of such provisions. Such orders may include, but are not limited to, orders requiring (i) inspection by a qualified inspector or qualified professional, (ii) maintenance, repair or replacement of post-construction stormwater management facilities, (iii) compliance with the MSGP through actions including, but not limited to, monitoring, analysis, and reporting or (iv) the installation, implementation and maintenance of SMPs. The department shall promulgate rules governing the appeal of such orders where they are issued by department employees or authorized inspection agents.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)
a. Whenever the commissioner has reasonable cause to believe that (i) a condition exists in violation of any of the provisions of sections 24-559, 24-560 or 24-572 or in violation of any order or rule issued by the board or commissioner pursuant to such provisions or to section 24-581 in furtherance of such provisions and (ii) that such condition creates or may create an imminent danger to the sewer system or to the public health or to the life or safety of persons, the commissioner may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation in which the condition is located to take such action as may be necessary to halt or prevent such condition.
b. If service of the order cannot be made personally because such person cannot be located at such time then service may be made by delivering a copy to a person of suitable age and discretion at the residence or place of business of the person sought to be served. If service cannot be made personally or by such delivery to a person of suitable age and discretion because of inability to locate or to obtain the name or address of such person at such time, service may be made by conspicuously posting a copy of such order upon the property to which it relates and mailing the order to the most recent residential or business address of record of the person sought to be served. The posting and mailing of such order shall be sufficient notice of such order to all persons having a duty in relation thereto under the provisions of this subdivision.
c. If the order is not complied with or so far complied with as such commissioner may regard as reasonable, within the time specified therein, such commissioner may act to halt or prevent such condition by:
i. sealing, blocking or otherwise inactivating any equipment, facility, or device;
ii. sealing, blocking or otherwise inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or
iii. any other means or method that is reasonable under the circumstances. For such purpose, in accordance with applicable law, the commissioner may enter on any public or private property.
d. Any person affected by such an order may make written application to the environmental control board within the office of administrative trials and hearings for a hearing. Such hearing shall be provided, pursuant to the rules of such board within such office, and shall be held within two business days after the receipt of such application. The board may suspend, modify or terminate such order.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)
a. In the case of any continued or knowing violation of the provisions of section 24-559, 24-560 or 24-572 or any order or rule issued by the environmental control board within the office of administrative trials and hearings or the commissioner pursuant to such provisions or section 24-581 in furtherance of such provisions or where the board finds that the violation of any of such provisions or conditions presents or may present a danger to the environment or threatens to interfere with the operation of the sewer system, the board, after notice and the opportunity for a hearing in accordance with the rules of such board within such office, may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility or installation to cease and desist from any activity or process which causes or is conducted so as to cause such violation within the time specified in such order.
b. Such order may provide that if the order is not complied with or so far complied with as the commissioner may regard as reasonable within the time specified therein, the commissioner may take such action as shall be specified therein including but not limited to:
i. sealing, blocking or inactivating any equipment, facility or device;
ii. sealing, blocking or inactivating any private sewer or drain emptying directly or indirectly into the sewer system; or
iii. any other means or method that is reasonable under the circumstances. For such purpose, in accordance with applicable law, the commissioner may enter on any public or private property.
(L.L. 2017/097, 5/30/2017, eff. 6/1/2019)
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