(a) Notice of Violation. Whenever the Director of Engineering Services, or authorized representative, finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Director of Engineering Services, or authorized representative, may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) That violating discharges, practices, or operations shall cease and desist;
(3) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(4) Payment of a fine to cover any administrative and legal costs; and
(5) The implementation of source control or treatment BMPs.
(b) If abatement of a violation and/or restoration of affected property are required, the Notice of Violation shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the facility owner or operator fail to remediate or restore within the established deadline, legal action for enforcement may be initiated.
(c) Any person receiving a notice of violation must meet compliance standards within the time established in the notice of violation.
(d) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the Director of Engineering Services, or his duly authorized agents, representatives, or contractors, shall be authorized to enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(e) A final inspection will be made to determine if the criteria of this Chapter has been satisfied, with a report presented to the Director of Engineering Services and the site operator confirming compliance before the Notice of Termination (NOT) can be filed to terminate coverage with the Ohio EPA’s Construction General Permit.
(Ord. 22-062. Passed 3-28-22.)