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ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program
<br />designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public
<br />health, safety, and welfare of the community, then the City of Gem Lake may seek issuance of a search warrant from
<br />any court of competent jurisdiction.
<br />11. Requirement to Prevent, Control, and Red nee Storm Water Pollutants by the Use of Best Management Practices. The
<br />owner or operator of any activity, operation, or facility which may cause or contribute to pollution or contamination of storm
<br />water, the storm drain system, or waters of the United States shall provide, at their own expense, reasonable protection from
<br />accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through
<br />the use ofstructural and non-structural Best Management Practices Further, any person responsible for a property or premise
<br />that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional
<br />structural and non-structural BMPs to prevent the further discharge of polItuants to the M S4. Compliance with all terms and
<br />conditions of a valid NPDES permit aulhonzing the discharge of storm water associated with industrial or construction
<br />activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part
<br />of a Storm Water Management Plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
<br />12. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or
<br />operation_, or responsible for emergency response for a facility or operation has information of any known or suspected
<br />release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the
<br />storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery,
<br />containment, and cleanup of such release, at their own expense. In the event of such a release cf hazardous materials said
<br />person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event
<br />of a release of non -hazardous materials, said person shall notify the City of Gem Lake in person or by phone or email no later
<br />than the next business day. Nolifications in person or by phone shall be confirmed by written notice addressed and mailed to
<br />the City of Gem Lake within two (2) business days of the phone notice. If the discharge of prohibited materials emanates
<br />from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on site written
<br />record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3)
<br />years. Failure to provide notification of a release as provided above is a violation of this section,
<br />13 i+y t and Deicer Storage Requirement. Pronetty_ metiers r l' osissn riial, rnslimitonal, and nnn-NI11)LSperm{tted industrial
<br />facilities must cmoh�u rnana anent rn actices to nnn llli/e thpdiscftar�nfl�illLaod runot from sal{ and_deicc{ cttwo
<br />and ap�ica[iorr�s Fellows:
<br />L Designated At and deicer storage areas must be covered or indoors:
<br />2 I)esigoalcd salt and deices storage areas must be located on an mrpervrUus swface, and
<br />3. Implememation of Best lylanaeememmt Practices (BMPs) to reduce exposure when transferrinsz material in desisssated t
<br />deicer storage areas I k�.. swcenrng. diversions. andor containment]_
<br />44-14 Violations, Enforcement, and Penalties.
<br />1. Violations. 11 shall be unlawful for any person to violate any provision or fail to comply with any of the
<br />requirements of this section. Any person who has violated or continues to violate the provisions of this ordinance,
<br />may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise
<br />abated in a manner provided by law.
<br />In the event the violation constitutes an immediate danger to public health or public safety, the City of Gem Lake is
<br />authorized to enter upon the subject private property, without giving prior notice, to take any and all measures
<br />necessary to abate the violation and/or restore the property. The City ofGem Lake is authorized to seek costs of the
<br />abatement as outlined in Section 20.
<br />2. Warning Notice. When the City of Gem Lake finds that any person has violated, or continues to violate, any
<br />provision of this section, or any order issued hereunder, the City of Gem Lake may serve upon that person a written
<br />Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to
<br />immediately investigate the matter and to seek a resolution whereby any offermding discharge wilt cease.
<br />Investigation and/or resolution of the matter in response to the Waring Notice in no way relieves the alleged
<br />violator of liability for any violations occurring before or after receipt of the Waring Notice. Nothing in this
<br />subsection shall limit the authority of the City of Gem Lake to take any action, including emergency action or any
<br />other enforcement action, Mthoul first issuing a Waring Notice.
<br />Updared Augine I 2018 Gene Lake Consolidaved Lauri Ilse Ordrname No, 131—Page 154
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