(A) Violations.
(1) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
(2) In the event the violation constitutes an immediate danger to public health or public safety, the Storm Water Administrator or their designee is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.
(B) Warning notices. When the Storm Water Administrator or his/her designee finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the Storm Water Administrator or his/her designee may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieve the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this division shall limit the authority of the Storm Water Administrator or their designee to take any action, including emergency action or any other enforcement action.
(1) Notice of violation. Whenever the Storm Water Administrator finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Storm Water Administrator or his/her designee may order compliance by written notice of violation to the responsible person.
(a) The notice of violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the Board of Adjustments by filing a written notice of appeal within 30 days of service of notice of violation; and
7. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and 100% of the expenses including, but not limited to engineering, administrative cost and attorney fees shall be charged to the violator.
(b) Such notice may require without limitation:
1. The performance of monitoring, analysis, 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. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
(C) Compensatory action. In lieu of enforcement proceedings and/or in addition to the penalties and remedies authorized by this chapter, the Storm Water Administrator or his/her designee may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup or other actions to be determined by the Storm Water Administrator or his/her designee.
(D) Suspension of MS4 access.
(1) Emergency cease and desist orders.
(a) When the Storm Water Administrator or their designee finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or the environment, the Storm Water Administrator or their designee may issue an order to the violator directing it immediately to cease and desist such violations and directing the violator to:
1. Immediately comply with all ordinance requirements; and
2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(b) Any person notified of an emergency order directed to it under this division shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Storm Water Administrator or his/her designee may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the state, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other utility services. The Storm Water Administrator or his/her designee may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Storm Water Administrator or his/her designee that the period of endangerment has passed, unless further termination proceedings are initiated against the discharge under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measure taken to prevent any future occurrence, to the Storm Water Administrator or his/her designee within 30 days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not bar against, or be a prerequisite for, taking any other action against the violator.
(2) Suspension due to illicit discharges in emergency situations.
(a) The Storm Water Administrator or their designee 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 state. If the violator fails to comply with a suspension order issued in an emergency, the Storm Water Administrator or his/her designee may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to person.
(b) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this division (D), without prior approval of the Storm Water Administrator or his/her designee.
(Ord. passed 5-27-2014)