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(A) Authority. The town Department of Public Works or an authorized agent of the Department shall enforce the provisions of this chapter and any regulations promulgated hereunder and may issue and prosecute violation notices and enforcement orders and may pursue all civil and criminal remedies for such violations.
(B) Civil relief. The Department of Public Works may seek injunctive relief in a court of competent jurisdiction to restrain a person from continued violations of the provisions of this chapter or the regulations promulgated hereunder, or any notices, orders or written approvals or to compel said person to abate or remediate the violations hereunder.
(1) The Department of Public Works or an authorized agent of the Department may issue a written order to enforce the provisions of this chapter and the regulations promulgated hereunder, which may include:
(a) Elimination of illicit connections or discharges to the MS4;
(b) Performance of monitoring, analysis, and reporting;
(c) That unlawful discharges, practices, or operations shall cease and desist;
(d) Remediation of contamination in connection therewith;
(e) Payment of a fine to cover administrative and remediation costs; and
(f) Implementation of source control or treatment BMPs.
(2) If the enforcing person determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the town Department of Public Works may, at its option, undertake such work, and expenses thereof shall be charged to the violator.
(D) Appeals. The decisions or orders of the Superintendent of Public Works shall be final. Further relief shall be to a court of competent jurisdiction.
(E) Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law.
(Ord. O-2011-23, passed 5-11-2011) Penalty, see § 97.99