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2017 06-06 PC PACKET
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2017 06-06 PC PACKET
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A. Immediately comply with all. ordinance requirements; and <br />b. Take such appropriate preventive action. as :may be .needed to. properly <br />address a.continuing or threatened violation, including immediately halting <br />operations :and/or terminating the.discharge. <br />16.2 Any. person notified of an emergency order directed to it under this Subsection: shall immediately <br />comply and stop or eliminate its.. endangering discharge: In the event of a discharger's failure to <br />immediately comply voluntarily with the emergency order, the City of Gem Lake may take such steps. <br />as deemed necessary. to prevent or minimize harm to. the .MS4 or waters of the. United States, and/or <br />endangerment to persons or to the. environment, including immediate termination of a_ facility's water <br />supply, sewer connection, .or other municipal utility services. The City of .Gem Lake may allow the <br />person to recommence its discharge when it has demonstrated to the satisfaction of the City. of Gem. <br />Lake. that the period of endangerment has passed; unless further termination proceedings are initiated <br />against the discharger under this ordinance. A person that is responsible, in whole or in part, for any <br />discharge presenting imminent endangennent.shalI submit a detailed written statement, describing the <br />causes of the harmful :discharge and the..measures,taken to prevent any future. occurrence, to the City <br />of Gem Lake within five (5). days of receipt of the emergency order. Issuance of an emergency cease <br />and desist order shall not be a bar against, or a prerequisite for, taking any other action against the. <br />violator. <br />16.3 Suspension due to Illicit Discharges in Emergency Situations. The: City of Gem Lake may, without <br />prior notice, suspend MS4 discharge access to a person. when such suspension is. necessary to stop an <br />actual or threatened discharge which presents or may present imminent and substantial :danger to the <br />environment, or to the health or welfare of persons, .orto the .MS4 or waters of the United States. If <br />the violator fails to comply with a suspension. order issued in an emergency,. the City of Gem Lake <br />may take such: steps as deemed. necessary:to prevent or minimize daniage.t.0 the MS4 or waters of the <br />United. States,...o.r to mini mize..danger to persons. <br />16.4 Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation <br />of this ordinance may have'their MS4. access terminated if such termination would:abate or reduce all <br />illicit discharge. The: City of Gem Lake will notify a Violator of the proposed termination .of its M84 <br />access. The violator may .petit'ion the City of Gem Lake for a reconsideration: and hearing. <br />16.5 A person commits an offense if the person.reinstates MS.4 access to premise terminated.p.ursuant.to <br />this Section, Without the prior approval of the City. of Gem..Lake. <br />SECTION 17. CIVIL PENALITIES. In the event the alleged violator fails to take the .remedial <br />Measures set forth in the notice of violation. or otherwise fails to cure the violations described therein <br />within. ten (10) days, or such.greater period. as the City of Gem Lake. shall. deem appropriate, after the City <br />of Gem ]lake has:taken one or more of the actions described above, the. City of Gem Lake may. impose a <br />penalty not to exceed $ 1,000.00 (depending on the severity of the violation) for each day the violation. <br />remains .un-remedied after..receipt of the notice. of Violation.. <br />SECTION 18. CRIMINAL PENALTIES: Anyperson violating -any, of the provisions of this Ordinance <br />shall. be guilty of a misdemeanor and upon conviction. thereof shall be punished by a fine of not .rrmre than <br />$ I ,000.0Q orby imprisonment for not to exceed ninety.(.90) days or both. <br />
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