A. Whenever the manager finds that any permittee or any person discharging stormwater has violated or is violating this chapter, or a stormwater permit or order issued hereunder, the manager may serve upon said person or permittee written notice of the violation. Within ten (10) days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the manager. Submission of this plan in no way relieves the discharger of liability or criminal prosecution for any violations occurring before or after receipt of the notice of violation.
B. The manager is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the person responsible for the compliance or for the noncompliance. Such orders will include specific action to be taken by the discharger and the owner/operator to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsection D of this section.
C. The manager has the authority to order any person who causes or contributes to a violation of this chapter or stormwater permit or order issued hereunder to show cause why a proposed enforcement action should not be taken. Notice shall be served specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any individual or the principal executive, general partner or manager of any legal entity or person of legal age at the office or business address of the permittee.
D. When the manager finds that any person has violated or continues to violate this chapter or a permit or order issued hereunder, the manager may issue an order to the violator directing that, following a specified time period, adequate structures or devices be installed or procedures implemented and properly operated, supervised and administrated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring and best management practices.
E. When the manager finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the manager may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
1. Comply forthwith; or
2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
F. A person receiving an order may file a written notice of appeal with the superintendent and manager, no later than the tenth calendar day after receipt of the order. Such notice shall include an explanation as to why the person believes the enforcement action should not be taken. The superintendent shall determine whether the appeal has merit. If the superintendent determines that the appeal has merit, he/she shall rescind the order. (Ord. 1076 §1, 2009)