A. Enforcement Authority: The Municipality may issue notices of violation, stop work orders, citations, and impose civil penalties. The Municipality may complete periodic inspections to ensure that the Applicant’s chosen Post-Construction Stormwater Management Facilities are performing adequately. If facilities are not performing, the Municipality may require changes to be made to the Post-Construction Stormwater Management Plan.
B. Notification of Violation (NOV):
1. Written Notice: Whenever the Municipality finds that the person discharging stormwater has violated or is violating this chapter or a permit or order issued hereunder, the Municipality may serve upon such person written notice of the violation. Within ten (10) days 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 Municipality. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
2. Consent Orders: The Municipality is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person 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 subsections B4 and B5 of this section.
3. Show Cause Hearing: The Municipality may order any person who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person 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 mail.
4. Compliance Order: When the Municipality finds that any person has violated or continues to violate this chapter or a permit or order issued hereunder, they may issue an order to the violator directing that, following a specific time period, adequate structures or devices, be installed or procedures implemented and properly operated. 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 management practices.
5. Cease and Desist Orders: When the Municipality finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the Municipality may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
a. Comply forthwith; or
b. 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.
C. Conflicting Standards: Whenever there is a conflict between any standard contained in this chapter and in any other Local, State or Federal requirements, the strictest standard shall prevail. (Ord. 2020-16, 9-9-2020)