(a) Notice of Violation. Whenever the Authorized Enforcement Agency finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Authorized Enforcement Agency 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) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) The implementation of source control or treatment BMPs; and
(6) Payment of a fine to cover administrative and remediation costs;
(7) Other actions as determined by the Authorized Enforcement Agency.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
(b) Suspension Due to Illicit Discharges in Emergency Situations. Notwithstanding anything Section 1052.12(a) or elsewhere in this chapter to the contrary, the Authorized Enforcement Agency may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Authorized Enforcement Agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons and the public.
(c) Suspension due to the detection of illicit discharge. Any person discharging or connecting to the MS 4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Authorized Enforcement Agency will notify, in writing, a violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Agency for a reconsideration and hearing pursuant to Section 1052.15 hereof.
(Ord. O-22-3. Passed 2-17- 22.)