(a) Upon discovery of a violation of this article, authorized representatives may issue to the violator a written notice stating the nature of the violation, the corrective action required, the time frame for corrective action, and the penalties for continued non-compliance. The notice shall be served either by personal service or certified mail, upon the owner, the owner's agent, the occupant, or the lessee. The notice may also require the violator to:
(1) Submit a Corrective Action Plan utilizing Best Management Practices to an authorized representative indicating the cause of the violation, corrective actions to prevent recurrence, and a proposed compliance schedule;
(2) Allow installation and operation of sampling and monitoring devices and pay all costs of installation, as well as costs for laboratory sample analysis, and submit results to the authorized representative;
(3) Clean up any material that has left the property or has the potential to impact stormwater runoff, ensure that the clean up has been completed, and make changes in operations to prevent future violations;
(4) Obtain and pay for the services of a qualified person to provide oversight and certify that corrective actions needed to resolve the violation have been completed;
(5) Prepare and implement a Corrective Action Plan utilizing Best Management Practices to prevent stormwater pollution, regardless of AZPDES/NPDES requirements. Depending on site conditions, the manager may require that the corrective action plan be prepared by a qualified person or prepared and certified by an engineer;
(6) Stop work on clearing, dredging, grading, excavating, storing, transporting, and/or filling of land, new construction, improvements, alterations, or additions;
(7) Stop any activity that is in violation of this article;
(8) Abate, within the time specified in the notice, any condition that is in violation of this article; and
(9) Abate immediately any condition in violation of this article, if the manager determines that such condition presents an immediate threat to public health, safety, or the environment.
(b) Authorized representatives may approve the compliance schedule or Corrective Action Plan utilizing Best Management Practices submitted by the violator, or may require an alternative compliance schedule or Corrective Action Plan utilizing Best Management Practices. This shall be done within the period specified in the notice.
(c) If the manager discovers a condition that the manager determines is likely to cause or is causing a discharge that is in violation of the city's Municipal Stormwater Permit or that threatens public health, safety or the environment, the manager may require an immediate cessation of activity and abatement.
(Ord. No. 10209, § 3, 10-18-05)