Subd. 1. Any person who is found to have violated an order of the MS4 Administrator made in accordance with this chapter, or who has failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder is guilty of an offense. Each day on which a violation occurs or continues to exist shall be deemed a separate and distinct offense. All land use and building permits may be suspended until the applicant has corrected the violation.
Subd. 2. A. The following penalties shall apply to land disturbing activities performed in violation of any provision of this chapter.
1. The city may impose a maximum penalty of $250 per day per offense for each violation involving the construction of a single-family dwelling or other construction activity resulting in the disturbance of less than one acre.
2. The city may impose a maximum penalty of $1,000 per day per offense for each violation involving land disturbing activities of greater than or equal to one acre of disturbed area.
3. The penalties listed herein are in addition to any penalties or fines imposed by the Minnesota Pollution Control Agency (MPCA), Environmental Protection Agency (EPA) or other agency having enforcement authority.
B. Any person violating any of the provisions of this chapter or who initiates an activity which causes a deposit, obstruction or damage or other impairment to the MS4 is liable to the city for any expense, loss or damage caused by the violation or the discharge. The city may bill the person violating this chapter the cost for any cleaning, repair or replacement work caused by the violation of storm water discharge and, if unpaid within 90 days, may result in assessment of the costs against the violator's property.
Subd. 3. In addition to the civil penalties provided herein, the city may recover reasonable attorney's fees, court costs, court recorder's fees and other expenses of litigation by appropriate action against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.
Subd. 4. Any person who knowingly makes any false statements, representations or certification in any applicable record, report, plan, permit or other document filed or required to be maintained pursuant to this chapter, or who knowingly falsifies, tampers with or knowingly renders inaccurate any monitoring devices or method required under this chapter, shall be guilty of an offense.
Subd. 5. Any person violating any provision of this chapter, in addition to other sanctions set forth above, may be charged with a criminal misdemeanor, pursuant to § 1.03 of the City Code, and if convicted, may be penalized as provided by the City Code.
(Ord. 117, Third Series, passed 6-3-2008)