(A) The City Engineer, Public Works Director, and/or Stormwater Manager shall have the authority to issue notices of violations under this chapter.
(B) A person or permittee may be issued a notice of violation for:
(1) Failure of a permittee to comply with any provision of this chapter or any other applicable law, ordinance, rule, or regulation related to stormwater.
(2) A determination by the City Engineer, Public Works Director, Stormwater Manager, or Registered Stormwater Inspector that the erosion and sediment control measures implemented by a permittee pursuant to the permit are inadequate to prevent or minimize, to the maximum extent practicable, the discharge of sediment, debris, or other pollutants from the construction site by stormwater.
(3) The city may require without limitation:
(a) Direct immediate action be taken if an illicit discharge has occurred or is likely to occur if there is a precipitation event;
(b) Issue a fine based on violation and in accordance with the most recent consolidated fee schedule adopted by the City Council; or
(c) Require the permittee to submit, implement and execute an abatement or remediation plan of stormwater pollution or contamination, hazards, and the restoration of any affected property and modify the project SWPPP as needed.
1. If the city tests or inspections indicate that a site is causing or contributing to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm sewer system or waters of the United States; and
2. If the violations continue after notice from the city, the city may require any person engaged in the illicit activity and/or the owner/operator of the site to provide, at his or her own expense, to require additional/continual monitoring and analyses required by the city to determine compliance with this chapter.
(d) The permittee shall be responsible for the payment to cover administrative, clean-up, remediation, monitoring, analysis, reporting costs and related expenses as well as for any costs incurred by the city.
(e) Issue a stop work order in conformance with § 155.092.
(C) Upon receipt of a notice of violation, the person or permitee shall immediately take all reasonable steps to address the condition, including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events:
(1) If the violation creates a condition where sediment, debris, or other pollutants could reasonably be illicitly discharged to the city storm sewer system or waters of the state, action shall be immediately taken to prevent or mitigate a discharge. Corrective actions shall be taken no later than two
hours after initial notification by a city official;
(2) When the problem does not require a new or replacement control or significant repair, the corrective action must be completed by the close of the next business day; or
(3) When the problem requires a new or replacement control or significant repair:
1. Install the new or modified control and make it operational;
2. Complete the repair, by no later than seven calendar days from the time of discovery;
3. If it is infeasible to complete the installation or repair within seven calendar days, the person or permittee must document in their records why it is infeasible to complete the installation or repair within the seven-day timeframe and document a schedule for installing the stormwater control(s) and making it operational as soon as feasible after the seven-day timeframe;
4. Where these actions result in changes to any of the stormwater controls or procedures documented in your SWPPP, you must modify your SWPPP accordingly within five business calendar days of completing this work.
(D) The city may defer the notice requirements set forth in this section and immediately proceed with criminal and/or civil action against the violator if:
(1) The violation, in the opinion of the city, creates a serious risk to persons, the environment, or property;
(2) The city deems the violation to constitute an emergency; or
(3) The violator was previously cited for the same violation.
(E) Notices of violation may also identify associated penalties in addition to fines in accordance with § 155.999.
(Ord. 05-2024, passed 2-7-2024)