(A) The administering agency and the response authority hereinbefore designated shall have joint primary responsibility for enforcement of the provisions of this subchapter.
(B) Upon notification or discovery of any violation of the provisions of this subchapter, the administering agency will immediately investigate the site upon which the violation is located. The administering agency will be the lead enforcement agency for violations of this subchapter. 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 if the situation is not remedied within the prescribed period of time, the administering agency may proceed to correct the violation;
(2) 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;
(3) 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;
(4) A statement that penalties may be levied for violations that have occurred.
(C) Governmental response. In cases where the identity of the person who is responsible for facilities upon which a violation has occurred is not known at the time a violation is reported or discovered, the city 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 that person for the costs for correcting the violation according to the provisions of divisions (A) and (B) of this section.
(D) Injunctive relief. The administering agency is empowered to seek injunctive relief for violations of this subchapter should other means prove ineffective and a threat to public health and safety exists.
(Ord. 00-38, passed 10-3-00) Penalty, see § 92.99