(A) Notice of violation/citation.
(1) If the town determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved storm water management design plan, a recorded storm water management maintenance agreement or the provisions of this chapter, it shall issue a written notice of violation to such applicant or other responsible person and the owner of the property. Where a person is engaged in activity covered by this chapter without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
(2) The notice of violation can be in the form of a citation ticket and/or a written letter that would contain detailed inspection findings, conclusions of law, disposition of warning or fines assessed, stipulated remedial actions as discussed with the responsible party representative, reasonable deadlines for those remedial actions and the date of re-inspection.
(B) Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the town may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, public education and the like.
(C) Stop work order. In addition to the penalties listed above, if land disturbance activities are conducted contrary to the provisions of this chapter or accepted final storm water management plans, the town may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the town to proceed with the work. A stop work order will be posted on the site by the town and it is unlawful for any person to remove the notice or continue any work on the site without permission from the town. The town may also undertake or cause to be undertaken, any necessary or advisable protective measures to prevent violations of this chapter or to avoid or reduce the effects of non-compliance herewith. The cost of any such protective measures shall be the responsibility of the owner of the property upon which the work is being done and the responsibility of any person carrying out or participating in the work.
(D) Withhold certificate of occupancy. The town may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise satisfied the requirements of this chapter as determined by the town.
(E) Suspension, revocation or modification of permits. The town may suspend, revoke or modify any existing permit that the violator may also have been previously granted. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein; provided, such permit may be reinstated upon such conditions as the town may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(F) Suspension of access to the storm water drainage system.
(1) Emergency cease and desist orders.
(a) When the town 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 town may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to immediately comply with all ordinance requirements and 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 directed to it under this division (F)(1) 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 town may take such steps as deemed necessary to prevent or minimize harm to the storm water 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.
(c) The town may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the town 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 town within five 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.
(2) Suspension due to illicit discharges in emergency situations. The town may, without prior notice, suspend storm water drainage system 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, or to the health or welfare of persons, or to the storm water drainage system or waters of the state if the violator fails to comply with a suspension order issued in an emergency, the town may take such steps as deemed necessary to prevent or minimize damage to the storm water drainage system or waters of the state, or to minimize danger to persons.
(3) Suspension due to the detection of illicit discharge. Any person discharging to the storm water drainage system in violation of this chapter may have their storm water drainage system access terminated if such termination would abate or reduce an illicit discharge. The town will notify a violator of the proposed termination of its storm water drainage system access. The violator may petition the town for a reconsideration and hearing. A person commits an offense if the person reinstates storm water drainage system access to premises terminated pursuant to this section, without the prior approval of the town.
(Ord. 2013-17, passed 12-2-2013) Penalty, see § 50.999