30.150 Violations, Enforcement, and Penalties.
(1) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the Department of Public Works is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation. The Department of Public Works is authorized to seek costs of the abatement as outlined in MMC 30.180.
(2) Warning Notice. When the Department of Public Works finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, the Department of Public Works may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the Department of Public Works to take action, including emergency action or any other enforcement action, without first issuing a warning notice.
(3) Notice of Violation. Whenever the Department of Public Works finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Department of Public Works may order compliance by written notice of violation to the responsible person. The notice of violation shall contain:
(a) The name and address of the alleged violator;
(b) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed to the Department of Public Works by filing a written notice of appeal within three days of service of notice of violation; and
(g) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or contractor and the expense thereof shall be charged to the violator.
Such notice may require without limitation:
(h) The performance of monitoring, analyses, and reporting;
(i) The elimination of illicit connections or discharges;
(j) That violating discharges, practices, or operations shall cease and desist;
(k) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(l) Payment of a fine to cover administrative and remediation costs; and
(m) The implementation of BMPs.
(4) Suspension of MS4 Access.
(a) Emergency Cease and Desist Orders. When the Department of Public Works 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, waters of the State 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 Department of Public Works may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
1. Immediately comply with all ordinance requirements; 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.
Any person notified of an emergency order directed to it under this subsection 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 Department of Public Works may take such steps as deemed necessary to prevent or minimize harm to the MS4, waters of the State 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. The Department of Public Works may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the Department of Public Works 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 preliminary action plan within not more than three days which addresses in some detail what action is intended to be taken, a detailed written statement and action plan, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the Department of Public Works within 10 days of receipt of the prerequisite for taking any other action against the violator.
(b) Suspension Due to Illicit Discharges in Emergency Situations. The Department of Public Works 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, or to the health or welfare of persons, or to the MS4, waters of the State, or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Department of Public Works may take such steps as deemed necessary to prevent or minimize damage to the MS4, waters of the State, or waters of the United States, or 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 Department of Public Works will notify a violator of the proposed termination of its MS4 access. The violator may petition the Department of Public Works for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the Department of Public Works.
(5) Prosecution and Penalties. Any person that has violated or continues to violate this chapter shall be liable to prosecution to the fullest extent of the law. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within the set time period specified by the Department of Public Works, after the Department of Public Works has taken one or more of the actions described above, the Department of Public Works may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
[Ord. 08-625 § 1, 2008. Prior code § 30.15]