A. The Department may obtain an emergency order in the event of the following:
1. Any person has violated, or continues to violate, any provision of this chapter or any order issued hereunder, or that the person's past violations are likely to recur; and
2. That the person's violation has caused or contributed to an actual or threatened discharge to the MS4 or storm drainage system and an imminent threat of violation is present.
3. The Department may issue the emergency order to the violator directing that the violator:
a. Immediately cease and desist all such violations;
b. Immediately comply with all ordinance requirements; and
c. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
B. Any person notified of an emergency order under this section shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the Department may take such steps as deemed necessary to prevent or minimize harm to the MS4, storm drainage system or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection or other municipal utility services. The Department may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Department that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Department within fifteen (15) calendar days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
C. The Department may also seek any appropriate judicial orders to enforce its emergency orders. (Ord. 20-3011, 7-27-2020)