A. Notification Of Spills:
1. All persons in charge of a project, development, or facility or responsible for emergency response for a project, development or facility are responsible to train personnel, maintain records of such training and maintain notification procedures to assure that immediate notification is provided to the city upon becoming aware of any suspected, confirmed or unconfirmed release of material, pollutants or waste that creates a risk of discharge into the city's storm drain system.
2. As soon as any person in charge of a project, development, or facility or responsible for emergency response for a project, development or facility has knowledge of any release of materials as described in subsection A1 of this section, such person shall take all necessary steps to ensure the containment and cleanup of such release and shall immediately notify the city stormwater official of the occurrence (no later than the next business day).
3. The notification requirements of this section are in addition to any other notification requirements set forth in federal, state or local regulations and/or laws.
B. Inspections: Whenever the stormwater official determines it is necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized enforcement official has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this chapter, the official and/or stormwater official may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the official by this chapter; provided that: 1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and 2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
C. Testing And Monitoring:
1. Whenever the stormwater official or his or her designee determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to stormwater pollution or illicit discharges to the city's storm drain system, the stormwater official or his or her designee may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the stormwater official or his or her designee may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.
2. In the event the owner or operator of a project, development or facility fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the city may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney fees, to the facility owner or operator. The city may pursue judicial action to enforce the order and recover all costs incurred.
D. Removal Of Obstruction: In addition to any penalties which may be imposed pursuant to this chapter, the city may do the following:
1. Remove any of the obstructions and any pipelines or other devices installed in violation of the provisions of this chapter;
2. Give written notice to persons in violation of the provisions of this chapter requiring the removal of offending installations from natural channels or other storm drainage facilities. Notices may be personally served or may be mailed to violators by registered mail provided that a copy is also posted on offending installations for a period of ten (10) days. If such installations are not removed within ten (10) days after notice is given, the city may effect removal at the expense of the person in violation and may recover its costs and expenses, therefor; and/or
3. Bring an action for the abatement of the nuisance caused by the offending installation, and/or for the recovery of the city's costs and expenses incurred in removing the offending installation pursuant to subsection D1 or D2 of this section.
E. Stop Work Order; Revocation Of Permit: In the event that any person holding a stormwater permit pursuant to this chapter fails to complete the work required under the permit, fails to comply with all the requirements, conditions and terms of the permit, or violates the terms of the permit, the city may suspect or revoke the stormwater permit and/or the applicable site development permit and issue a stop work order as is necessary to eliminate any danger to persons or property and to leave the site in a safe condition. If the city issues a stop work order, the permittee, and its subcontractors, shall immediately stop all work on the project, building, or permit activity. Except as otherwise authorized by the city, no work shall be conducted on the project, building, or permit activity until and unless the violation has been remedied and the city has issued a reinstated permit. The permittee shall be required to pay a reinstatement fee in accordance with the Sunset City fee schedule. The city may authorize completion of all necessary temporary or permanent erosion control or stabilization measures and may use authorized bond funds to pay for the same. The permittee shall be liable to the city for all costs and expenses that may be incurred or expended by the city in bringing the property into compliance with the requirements of the permit and any collection costs, including legal fees, incurred by the city. The city may recover these costs through appropriate legal action.
F. Order Compliance: Whenever the city finds that a person or entity has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement official may order compliance by written notice of violation to the responsible person. Such notice may require, with 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 stormwater 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.
G. Use Of Bond Proceeds: In addition to the remedies and procedures set forth in this section, the city is authorized to utilize the bond proceeds in accordance with the terms and conditions of the bond agreement entered into by the parties for the particular project, development or construction activity in accordance with subsection 8-6-3F of this chapter.
H. Violation And Penalty:
1. Criminal Violation: Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor and shall be subject to fines as provided in Utah Code Annotated 76-3-301, as amended, and/or imprisonment as provided in Utah Code Annotated 76-3-204, as amended. Each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. A penalty determination flow chart is attached as appendix 1 to the ordinance codified herein.
2. Civil Penalty: Any person who violates any provision of this chapter may be subject to civil penalties as more particularly set forth by resolution or ordinance of the city council.
3. Damages: If, as the result of the violation of any provision of this chapter, the city or any other party suffers damage and is required to make repairs to and/or replace any materials, the cost of the repair or replacement shall be borne by the party in violation, in addition to any criminal fines and/or penalties.
4. Nuisance: In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be considered a threat to the public health, safety, welfare and the environment, and may be declared and deemed a nuisance by the stormwater official, or his or her designee, and may be abated and/or restored by the city in accordance with nuisance procedures.
5. Other Relief: This section shall not limit the authority of any court of competent jurisdiction to impose any other sanction or order any other relief as may be appropriate and lawful under local, state or federal law. (Ord. 2012-03, 10-2-2012)