Chapter 13.08
GENERAL PROVISIONS

Sections:

13.08.010    Purpose.

13.08.020    Responsibility for administration.

13.08.030    Enforcement.

13.08.010 Purpose.

A. The purpose of this title is to provide for the health, safety, and general welfare of the citizens of the Fairbanks North Star Borough by regulating storm water and non-storm water discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law.

B. This purpose is achieved by:

1. Prohibiting illicit discharges and acts to the MS4 by any person.

2. Regulating the contribution of pollutants from construction activities to the MS4 by any person.

3. Establishing legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this title. (Ord. 2008-22 § 3, 2008. 2004 Code § 21.10.010.)

13.08.020 Responsibility for administration.

The department of public works shall administer, implement, and enforce the provisions of this title. Any powers granted or duties imposed upon the department of public works may be delegated in writing by the department director to the department’s employees or agents. (Ord. 2008-22 § 3, 2008. 2004 Code § 21.10.020.)

13.08.030 Enforcement.

A. Any person who permits or causes a violation of a provision of this title is subject to the provisions of Chapter 1.20 FNSBC.

B. In addition to any civil or criminal penalties imposed by law, any person who permits or causes a violation of any provision of this title shall be subject to cleanup and remediation costs incurred as a result of the violation.

C. Any person who permits or causes a violation of this title shall be strictly liable, regardless of intent, for the full amount of any fines or other liquidated penalties incurred by the department for any violations of federal or state law which are caused by the violation.

D. No provision of this section shall prohibit the department from seeking other remedies available in law or in equity as necessary to ensure compliance with this title, including injunctive relief.

E. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law. (Ord. 2008-22 § 3, 2008. 2004 Code § 21.10.030.)