(a) Any discharge that would cause a violation of a Municipal NPDES Permit and any amendments, revisions or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. The Owner or other responsible party of the property from which the pollutant is found will be notified immediately, by phone by the Director or other officer of the Town. A spill report will be filed by the Town at the time and a copy sent to the owner of said property with instructions to stop said discharge within 72 hours, of the original notice by phone. If said discharge is not stopped within 120 hours of the original notice the Town shall take whatever measures are needed to halt the illicit discharge. The responsible party must notify The Town when the discharge has been eliminated and Star City will conduct a follow up investigation and field screening to verify that the discharge has been eliminated, a report of which must be filed at Town Hall with the original spill report. The Director may direct the responsible party to sample and monitor the discharge for a set time period, if deemed necessary to ensure compliance.
(b) Liability for any such discharge, including, but not limited to, the cost of remedial activity, field investigations, sampling, damage to other properties, escalating enforcement and legal actions shall be the responsibility of the person(s) causing or responsible for the discharge. The Town shall seek to have such persons defend, indemnify and hold harmless the Town in any administrative or judicial enforcement action against the Town of Star City relating to such discharge as provided by applicable rules of law. Failure to pay related costs would result in legal actions being taken to disconnect water, sanitary and storm water services to any property in violation of this article. (Passed 10-11-16.)