(a) If at any time the City of Warren WPC or their designated representative determines that the project is not in accordance with the approved plan, or if any project subject to the stormwater regulations is being carried out without an approved plan, the City of Warren is authorized to:
(1) Give the legal entity written notice of the corrective action required to be taken and the time frame in which this corrective action must be taken (up to thirty (30) calendar days). Should the legal entity fail within the provided timeframe to complete such corrective action, this shall constitute a violation of this chapter.
(2) Take appropriate corrective action in the event of an emergency situation which endangers persons or property, or both, as determined to exist by the City of Warren WPC.
(3) Issue written notice to the applicant specifying the nature and location of the alleged noncompliance, with a description of the remedial actions necessary to bring the project into compliance within five working days.
(4) Issue a stop-work order directing the applicant or persons in possession to cease and desist all or any portion of the work which violates the provisions of the stormwater regulations if the remedial work is not completed within the specified time. The applicant shall then bring the project into compliance.
(b) Civil Penalties. Whoever violates an order of the City of Warren or fails to comply with any provisions of this chapter shall be subject to the imposition of a civil penalty. The City of Warren may assess these penalties in accordance with the tier system below at their discretion. Such civil penalties shall be determined by the City of Warren WPC based on the severity of the violation and the number of times the legal entity was in violation of the same limit. The tier system shall be as follows:
(1) Tier 1. One thousand dollars ($1,000) per violation; each day constitutes a separate violation.
(2) Tier 2. Five thousand dollars ($5,000) per violation; each day constitutes a separate violation.
(3) Tier 3. Ten thousand dollars ($10,000) per violation; each day constitutes a separate violation.
(c) Criminal Penalties. Any willful or negligent violation of this chapter will be subject to criminal prosecution when the City of Warren has evidence of noncompliance which shows criminal intent, and such Discharger shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months, or by both. Each day in which any such violation continues shall constitute a separate offense.
(d) Falsifying Information. Any person who knowingly makes false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six ( 6) months, or by both.
(e) Administrative Penalties. The City of Warren may assess penalties ranging in the amount of one hundred dollars ($100.00) to three hundred dollars ($300.00) per day upon anyone who fails to comply with the administrative orders issued by the City of Warren or other regulatory agencies. Such administrative penalties shall be determined by the City of Warren based on the severity of the violation. The Tier structure shall be as follows:
(1) Tier 1. One hundred dollars ($100.00) per violation; each day constitutes a separate violation.
(2) Tier 2. Two hundred dollars ($200.00) per day violation; each day constitutes a separate violation.
(3) Tier 3. Three hundred dollars ($300.00) per day violation; each day constitutes a separate violation.
(f) The imposition of any other penalties provided herein shall not preclude the City of Warren from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require
compliance with the provisions of this chapter or other applicable laws, ordinances, rules, or regulations, or the orders of the City of Warren.
(Ord. 13157/2022. Passed 9-28-22.)