A. Upon receipt of a state permit, the applicant and the applicant's SWPPP manager have an absolute duty to monitor site conditions and to report to the enforcement officer any change of circumstances or site conditions which the applicant or the applicant's SWPPP manager knows or should know pose a risk of stormwater discharge in a manner inconsistent with applicant's state permit. Examples of conditions that require notification include, but are not limited to: 1) hazardous material spills, 2) failure of site perimeter BMPs, 3) discharge of polluted waters from the site into the MS4 or onto neighboring properties or nearby surface waters, or 4) proposed implementation of BMPs on site that deviate significantly from the BMPs proposed in the approved SWPPP.
1. Such report shall be submitted to the enforcement officer within twenty four (24) hours of the change of circumstances or site conditions.
2. Failure to make a timely report shall constitute a violation of this article.
B. Any third party may also report to the city site conditions, which the third party reasonably believes pose a risk of stormwater discharge in a manner inconsistent with applicant's state permit.
C. Upon receiving a report pursuant to subsection A of this section, the enforcement officer may conduct an inspection and thereafter shall provide the applicant or the applicant's SWPPP manager with a written bill of particulars identifying any conditions of noncompliance. The applicant or the applicant's SWPPP manager shall immediately commence corrective action and shall complete such corrective action within the time frame allotted by the enforcement officer in his discretion, but not exceeding seventy two (72) hours. For good cause shown, the city may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the enforcement officer shall immediately commence enforcement actions specified in section 8-4B-8 of this article.
D. Upon receiving a report from a third party pursuant to subsection B of this section, the enforcement officer may conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the applicant or the applicant's SWPPP manager with a written bill of particulars identifying any conditions of noncompliance. The applicant or the applicant's SWPPP manager shall immediately commence corrective action and shall complete such corrective action within the time frame allotted by the enforcement officer in his discretion, but not exceeding seventy two (72) hours. For good cause shown, the city may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the enforcement officer shall immediately commence enforcement actions specified in section 8-4B-8 of this article.
E. The enforcement officer may conduct one or more unannounced inspections at any time during the course of construction to monitor compliance with the state permit and the approved SWPPP. If the inspection discloses any noncompliance, the enforcement officer shall provide the applicant or the applicant's SWPPP manager with a written bill of particulars identifying the conditions of noncompliance. The applicant or the applicant's SWPPP manager shall immediately commence corrective action and shall complete such corrective action within the time frame allotted by the enforcement officer in his discretion, but not exceeding seventy two (72) hours. For good cause shown, the city may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the enforcement officer shall immediately commence enforcement actions specified in section 8-4B-8 of this article.
F. The city shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions that were undetected by inspection or that were undetected because the city, in operating its program of random inspections, did not inspect the property. (Ord. 5218, 5-19-2014)