(A) Responsibility. It will be the responsibility of the permittee to ensure compliance with this chapter and implementation of the SWPPP; however, all persons, regardless of ownership, engaging in construction and land-disturbing activities on a permitted project site must comply with the requirements of this chapter and may be held accountable to the enforcement provisions herein.
(B) Enforcement mechanisms.
(1) It is the intent of this chapter that a process of collaborative compliance be pursued, when possible, prior to enforcement measures.
(2) Violations may be enforced through any or all of the following measures:
(a) Notice of deficiency;
(b) Notice of violation;
(c) Civil penalties;
(d) Permit suspension and/or revocation;
(e) Stop work order; and
(f) Proceedings in law.
(3) The enforcement measures implemented in the order presented in division (B)(2) above shall constitute the standard of practice for an escalating collaborative enforcement process to be implemented by the county.
(4) If in the county’s opinion the activities or lack of activity of the permittee warrant or necessitate a more intensive enforcement mechanism, the county may pursue those enforcement measures. The county shall make the assessment of warrant and/or necessity based on a number of factors including, but not limited to, history of noncompliance, perceived blatant disregard for the requirements or immediate adverse impact to adjacent properties or the MS4.
(C) Notice of deficiency (NOD).
(1) In instances when the county, based on observations or investigations, has reasonable cause to believe that a deficiency of this chapter has occurred, the county is authorized to notify the permittee in writing of the following items:
(a) Date and location of site observation(s) or investigation(s);
(b) An itemized list of any deficiencies or failures;
(c) A deadline in which the deficiencies are to be eliminated; and
(d) The written notice of deficiency shall be hand-delivered and/or sent by certified mail to the permittee.
(2) It will be the responsibility of the permittee to determine what corrective actions are needed. If the deadline for eliminating the deficiency is not met, it is responsibility of the permittee to document that the deadline has not been met and request an extension to be evaluated by the county on a case by case basis.
(D) Notice of violation (NOV).
(1) The county is authorized to issue a written notice of violation that shall specify the deficiencies/violations, the necessary corrective action and a specific time frame within which corrective action shall occur.
(2) The specification of a reasonable time frame within which the corrective action shall occur will be based upon 14 construction weather days.
(3) The written notice of violation shall be hand-delivered and/or sent by certified mail to the permittee.
(4) The permittee shall notify the county in writing of the anticipated date for completion of the corrective action(s).
(5) When compliance measures specified in the notice of violation are satisfactorily completed based upon inspection by the county on or after the anticipated completion date, the county shall provide a written notice of acceptance and confirmation of compliance.
(E) Civil penalties. The county is authorized to issue civil penalties.
(F) Permit suspension or revocation.
(1) In the event compliance cannot be achieved within the terms of a notice of deficiency and/or notice of violation, the county may proceed with permit suspension or revocation.
(2) Land-disturbing activities are not allowed on a project site when a permit has been suspended or revoked other than those required to address deficiencies/violations.
(3) The written permit suspension or revocation shall be hand-delivered and/or sent by certified mail to the permittee.
(4) A permit suspension requires that the permittee submit a revised portion of SWQMP as indicated by the county for review and acceptance by the county of the specific issue of contention. When a permit suspension is removed, the county shall provide written notice to the permittee.
(5) When a permit is revoked, the permittee must reapply for a permit through the process of requesting a new permit.
(6) A permit revocation requires that the permittee resubmit a SWQMP for a full review and acceptance by the county.
(G) Stop work order.
(1) In the event compliance can not be achieved within the terms of a notice of deficiency, notice of violation, permit suspension or permit revocation, the county may proceed with a stop work order. In the event the county perceives that there is an immediate adverse impact or blatant disregard for the requirements, it may issue a stop work order without first administering a notice of deficiency, notice of violation, permit suspension or permit revocation.
(2) No construction activities, other than those required to address deficiencies/violations, are allowed on a project site when a stop work order has been issued.
(3) The written stop work order shall be sent by certified mail to the permittee.
(4) The written stop work order shall specify deficiencies and violations that must be corrected prior to a county inspection for consideration of removing the stop work order.
(5) The permittee shall notify the county in writing of the anticipated date for completion of the corrective action(s) and provide at least two normal business days notice for the county to perform a compliance inspection.
(6) When a stop work order is removed, the county shall provide written notice to the permittee.
(H) Proceedings in law. If the enforcement mechanisms described in this section prove to be unsuccessful in reaching compliance or there is a blatant disregard for the requirements or there is an immediate adverse impact to adjacent private or public property, the county may proceed with all procedures afforded it under the laws of the state.
(Ord. 05-830-326, passed 12-20-2005)