A. Inspections: The health department shall be granted the right, under this chapter, to enforce the provisions of this chapter for the city. An authorized officer of the city or the Bear River health department has the right to conduct inspections of facilities to determine compliance with this chapter. The authorized officer or the Bear River health department shall inform the department and other city entities, as deemed appropriate, of the results of the inspection and whether violations were noted. The authorized officer of the city and/or Bear River health department shall enforce the provisions of this chapter. Noncompliance with the provisions of this chapter is a violation. If the facility is not complying with the requirements of this chapter, penalties (e.g., citations of noncompliance, orders to cease operations or administrative penalties) may be assessed. This chapter regulates businesses within the protection zones and primary and secondary recharge areas within the city.
B. Content Of Notice Of Violation: Whenever it is determined that there is a violation of this chapter or the regulations promulgated pursuant hereto, the notice of violation shall:
1. Be in writing;
2. Be dated and signed by the authorized city agent that made the inspection or determined the violation;
3. Specify the violation or violations;
4. Provide a specific date that the violations will be corrected by;
5. State that if the violation is not corrected by a specific date a hearing may be requested before the department.
C. Written Warning: If a potential contaminant source (PCS) is out of compliance with the provisions of the chapter, but does not pose an immediate threat to public health, then a written warning of violation may be issued within thirty (30) days. The person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time. A cease and desist order shall be issued by the department if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS. In the event that the PCS fails to comply with a cease and desist order within the specified time period, the department has the authority to file a request for the department to initiate proceedings for issuance of penalties and other relief as necessary.
D. Service Of Notice: Any PCS or person found in violation of any provisions of this chapter will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance.
E. Spills, Leaks And Discharges: In the event of a spill, leak or discharge of a regulated substance, if the department deems the activity to pose a real and present danger of contaminating surface or ground water which would normally enter the public water supply, the department has the authority under this chapter to cause cessation of such activity or use of regulated substance, require administrative controls to mitigate such danger and/or cause the provision of pollution control and abatement activities. A facility is in violation of this chapter if use of regulated substances in a protection zone or primary or secondary recharge area exceeds twenty (20) gallons or one hundred sixty (160) pounds at any time. The total use of regulated substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period. (1991 Code § 13.12.080, as amended)
F. Penalty: Violations of the provisions of this chapter constitute a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code. (1991 Code § 13.12.080, as amended; amd. 2009 Code)