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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 162 emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on - site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at l east three (3) years. Failure to provide notification of a release as provided above is a violation of this section. 13. Salt and Deicer Storage Requirements. Property owners of commercial, institutional, and non-NPDES permitted industrial facilities must employ best management practices to minimize the discharge of polluted runoff from salt and deicer storage and application as follows: 1. Designated salt and deicer storage areas must be covered or indoors; 2. Designated salt and deicer storage areas must be located on an impervious surface; and 3. Implementation of Best Management Practices (BMPs) to reduce exposure when transferring material in designated deicer storage areas (e.g., sweeping, diversions, and/or containment). 14. 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 section. Any person who has violated or continues to violate the provisions of this ordinance, 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 City of Gem Lake is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The City of Gem Lake is authorized to seek costs of the abatement as outlined in Section 20. 2. Warning Notice. When the City of Gem Lake finds that any person has violated, or continues to violate, any provision of this section, or any order issued hereunder, the City of Gem Lake 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 City of Gem Lake to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. 3. Notice of Violation. Whenever the City of Gem Lake finds that a person has violated a prohibition or failed to meet a requirement of this Section, the City of Gem Lake may order compliance by written notice of violation to the responsible person. Such notice may require without limitation, at their own expense: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and 5. Payment of a fine to cover administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 15. Costs. In addition to the other penalties provided herein, the City of Gem Lake may recover engineering fees, court costs, court reporter's fees, attorney fees, and other expenses of litigation or enforcement by an appropriate action against the person or entity found to have violated this ordinance or the orders, rules, regulations, and permits issued hereunder.