(A) Whenever the Utility determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to stormwater pollution or illicit discharges to the stormwater system, the Utility may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Utility may require. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.
(B) In the event the owner or operator of a facility or property fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the Utility may cause such monitoring and/or analyses to occur. If a violation is found, the Utility may assess all costs incurred, including reasonable administrative costs and attorney's fees, to the owner or operator. The Utility may pursue judicial action to enforce the order and recover all costs incurred.
(C) The Utility shall promulgate a regulation detailing a process by which the person alleged to be engaging in an activity causing or contributing to pollution or illicit discharges shall receive notice and an opportunity to appeal/contest said allegations pursuant to § 956.25, the appeal provisions of this article.
(Ord. 1743, passed 3-11-13)
Statutory reference:
Municipal public works, see W. V. Code §§ 8-16-5
Sewage works and stormwater works, see W. V. Code § 16-13-2, 16-13-22