(a) Upon discovery of a violation of any provision of this chapter or any state or federal law or regulation governing storm water, the Director shall serve a notice of violation upon the violator. The notice shall identify the specific violation, the applicable law or regulation, the possible penalties for noncompliance, and a recommendation for remedial action.
(b) Upon receipt of the notice of violation, the violator shall have three (3) calendar days to abate the violation, with the exception of emergencies as addressed in (f) below.
(c) Upon receipt of the notice of violation, the violator shall have seven (7) calendar days to respond in writing to the violation.
(d) The Director may request persons engaging in activity and/or owning a facility, which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the municipal storm sewer system to perform monitoring activities and/or analyses and furnish such reports as needed. This may include the installation of sampling devices or requiring the owner or person occupying the premises to supply samples.
(e) When the time period for response and remedy has elapsed, and the violator has taken no or insufficient action, the Director may issue findings and orders to the violator. Such findings and orders shall state the basis for the Director's action, include a mandatory program for remedial action and identify the penalties that will be assessed for past and future noncompliance. For purposes of appeal, the findings and orders issued by the Director shall constitute a final order.
(f) In the event the Director has reasonable cause to determine that the situation, the property or the actions of any violator constitute an emergency requiring immediate action to protect the public health, safety or property, the Director shall take the immediate and necessary action to abate and eliminate the violation.
(Ord. 607-07. Passed 10-2-07.)