(a) The County may initiate enforcement action against a community for violation of any provision of this chapter including, but not limited to, the community’s failure to:
(1) Implement projects on a permit-required schedule.
(2) Follow best management practices specified in their permit.
(3) Properly respond to a request for evidence of progress or explanation for delay.
(4) Meet a specified performance objective.
(5) Produce a sewer map as required by the County.
(6) Submit an approvable community compliance plan or fact sheet in a timely manner.
(7) Conduct and submit discharge program monitoring.
(8) Prevent the creation of a new sanitary overflow.
(9) Report known sanitary overflow locations or events to the County.
(10) Eliminate or prevent construction of combined sanitary sewers.
(Ord. 2000-563. Adopted 11-13-00.)
(Ord. 2000-563. Adopted 11-13-00.)
(b) The County may take an enforcement action available in this chapter, including but not limited to, charges and fees (926.09(e)), notice of violation (926.09(c) and 926.09(e)), Director’s hearing (926.10), show cause hearing (926.10), judicial proceedings (926.11), recovery of costs incurred by the County, and fees (926.09(e)). By definition and for use with these enforcement sections, a “discharger” is defined as a person or governmental entity as defined in this chapter, including a “community.” The enforcement action may be taken alone or in combination as necessary to effectuate the achievement of specified performance objectives.
(Ord. 2000-812. Adopted 12-18-00.)
(c) Whenever the Director finds that any discharger has violated its community discharge permit or this chapter, the Director shall serve verbal or written notice upon the violator stating a brief and concise description of the alleged violation and directing compliance within thirty (30) days or other reasonable period as provided by the Director. Any charges within forty-five (45) days of issuance of the NOV, the discharger shall respond personally or in writing advising the County of its position. Thereafter, the parties shall meet, if required, to establish a plan for correction in the form of an order or compliance schedule. This shall be termed a first level enforcement action.
(d) If a discharger does not correct a violation in a timely manner after a first level enforcement action, the Director may order the discharger to appear at a Director's hearing.
(e) Whenever the County finds that any discharger has failed to correct or willfully ignores violations of a community discharge permit, pursuant to ordinance, the Director shall serve or cause to be served upon such discharger a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation and the amount of charges and fees. Within thirty (30) days of the date of receipt of notice, the discharger shall respond personally or in writing, advising the County of its position with respect to the allegations. Thereafter the parties shall meet in a Director's hearing to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction of the violation in the form of a consent order. Failure to comply with a consent order is a violation of this section and warrants escalation to a show cause hearing. Actions taken from this section shall be termed a second level enforcement action.
(f) Where the violation of ordinance has not been corrected by the discharger in a timely manner after a Director's hearing, the Director may order the discharger to show cause before him or his duly authorized representative, why enforcement action should not be taken. A written notice shall be served on the discharger either personally or by certified or registered mail, return receipt requested, specifying the time and the place of the hearing, the reason for why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the Director or his designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Thereafter, the Director shall enter appropriate orders with respect to the alleged violation. The orders may be in the form of a compliance order or a cease and desist order.
(Ord. 2000-563. Adopted 11-13-00.)