(A) Emergency cease and desist orders. When the Village of Winthrop Harbor finds that 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 that the person’s violation(s) has/have caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the Village of Winthrop Harbor may issue an order to the violator directing such person immediately to cease and desist all such violations and directing the violator to:
(1) Immediately comply with all requirements of this chapter; and
(2) 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) Suspension due to illicit discharges in emergency situations. The Village of Winthrop Harbor may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the MS4, or to waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States and to minimize danger to persons.
(C) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator, in writing, of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.
(D) A person violates this chapter if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior written approval of the authorized enforcement agency.
(Ord. 2008-O-3, passed 3-4-08) Penalty, see § 56.99