A. The city engineer may require compliance with this chapter, NPDES stormwater permit, city permit, or the Basin Plan, by issuing written administrative orders that are enforceable in a court of law or by directly seeking court action. Administrative orders may include stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.
1. Compliance Orders.
a. The city engineer or designee may issue a compliance order to any discharger who fails to correct a violation of this chapter, any NPDES stormwater permit or the basin plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The compliance order may include the following terms and requirements:
i. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge;
ii. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff;
iii. Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains;
iv. Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this ordinance, including, but not limited to requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency.
b. The city engineer or designee may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his judgment, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the city’s storm drainage system.
C. A compliance order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the city for the issuance thereof
2. Stop Work Order.
a. The city engineer may serve a written stop work order on any person engaged in doing or causing to be done new construction, tenant improvements, alterations or additions, if:
i.. A city permit is required and no permit has been granted by the city;
ii. Work has begun without necessary prior written stormwater quality management plan (SWQMP) and subsequent approval by the city engineer or his designee; or
iii. Violations of this chapter are found at the site of the new construction, tenant improvements, alterations or additions.
b. Any person served a stop work order shall stop such work forthwith until written authorization to continue is received from the city engineer. A stop work order shall require the discharger to pay a one thousand dollar ($1,000.00) penalty fee to the city for the issuance thereof.
3. Cease and Desist Order.
a. When the city engineer or designee finds that any industrial/commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, NPDES stormwater permit, city permit or the basin plan, the city may issue a cease and desist order directing the discharger to:
i. Immediately discontinue any illicit connection or prohibited discharge to the city’s stormwater drainage system;
ii. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;
iii. Immediately discontinue any other violation of this chapter.
b. A cease and desist order shall require the discharger to pay a one thousand dollar ($1000.00) penalty fee to the city for the issuance thereof.
4. a. Termination of Service. When the city engineer finds any industrial/commercial discharger who has a direct connection into the city’s stormwater drainage system or has violated an administrative order, the city engineer may terminate storm drain service to the discharger. The discharger shall be liable for all costs for termination of storm drain service incurred by the discharger and the city. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency payment, or for any other reasons. Stone drain service shall be re-instituted by the city engineer after the discharger has complied with all the provisions of the administrative order. The discharger shall also be liable for all costs for re-instituting storm drain service.
b. Immediate Termination of Service. The city engineer may immediately suspend storm drain service for any non-stormwater discharge and any city permit when such suspension is necessary, in the opinion of the city engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly or could significantly causes pollution to the receiving waters, ground water, water courses and/or storm drainage system of the city. Any industrial commercial discharger notified that their storm drain service NPDES permit has been suspended shall immediately cease and eliminate the discharge into the stormwater drainage system.
c. In the event of failure to comply voluntarily with the termination of service order, the city engineer shall take steps as deemed necessary, including immediate severance of storm drain connections. The industrial/ commercial discharger shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service may be re-instituted by the city engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial commercial discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence shall be submitted to the city engineer within ten working days of the date of storm drain service termination.
B. The city engineer may adopt a proposed compliance schedule submitted by the discharger, or may adopt a revised compliance schedule if, in the judgment of the city engineer the compliance schedule would allow the discharger to cause harm to the receiving waters and/or city storm drain facilities.
C. The city engineer will notify the discharger of the adopted compliance schedule in a timely manner. The city engineer shall not adopt a compliance schedule, which extends beyond applicable federal guidelines. (Ord. 229 § 3, 2005)