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2018_03-27_PWETCpacket
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2018_03-27_PWETCpacket
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Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
3/27/2018
Commission/Committee - Meeting Type
Regular
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retard the flow of water through the watercourse. In addition, the owner or lessee shall <br />maintain existing privately owned structures within or adjacent to a watercourse, so that <br />such structures will not become a hazard to the use, function, or physical integrity of the <br />watercourse. <br />L. Notification of Spills. Notwithstanding other requirements of law, as soon as any person <br />has information of release of materials which result or may result in illegal discharges of <br />pollutants into the storm sewer system, or water of the state, said person shall take all <br />necessary steps to ensure the discovery, containment, and cleanup of such release <br />according to state and federal laws. <br />M. Suspension of Storm Sewer System Access <br />1. Suspension due to illicit discharges in emergency situation: The City may, without <br />prior notice, suspend MS4 discharge access to a person when such suspension is <br />necessary to stop an actual or threatened discharge that presents or may present <br />imminent and substantial danger to the environment, to the heath or welfare of <br />persons, to the storm sewer or waters of the state. If the violator fails to comply with <br />a suspension order issued in an emergency, the city may take such steps as deemed <br />necessary to prevent or minimize damage to the storm sewer system or the waters of <br />the state, or to minimize danger to persons. <br />2. Suspension due to the detection of illicit discharge: All persons discharging to the <br />MS4 in violation of this ordinance may have their access terminated if such <br />termination serves to abate or reduce an illicit discharge. It is a violation of this <br />ordinance to reinstate access to premises that have been terminated pursuant to this <br />section without the prior approval of the City. <br />N. Enforcement <br />1. Notice of Violation: A violation of this ordinance is a Public Nuisance. When it has <br />been determined that a person has violated a prohibition or failed to meet a <br />requirement of this Ordinance, the Public Works Director may order compliance by written <br />notice of violation to the person(s) responsible for the violation. Such notice may require <br />without limitation: <br />a. The performance of monitoring, analysis, and reporting. <br />b. The elimination of illicit connections or discharges; <br />c. That violating discharges, practices, or operations shall cease and desist; <br />d. The abatement or remediation of storm water pollution or contamination hazards <br />and the restoration of any affected property; <br />e. Payment of a fine to cover administrative and remediation costs; <br />f The implementation of source control or treatment BMPs; <br />g. The development of a corrective action plan to prevent repeat discharges; and/ or <br />h. Any other requirement deemed necessary. <br />If abatement of a violation and/ or restoration of affected property is required, the notice shall <br />set forth a deadline within which such remediation or restoration must be completed. Said <br />notice shall further advise that, should the violator fail to remediate or restore within the <br />established deadline, the work will be done by a designated governmental agency or a <br />contractor and the expense thereof shall be charged to the violator. <br />2. Appeal of Notice of Violation: Any person receiving a Notice of Violation may <br />appeal the determination of the Public Works Director. The notice of appeal must be <br />received within 7 days from the date of the Notice of Violation. Hearing on the <br />appeal before the City Manager or his/her designee shall take place within 15 days <br />from the date of receipt of the notice of appeal. The decision of the City Manager or <br />his/ her designee shall be final. <br />3. Enforcement Measures after Appeal: If the violation has not been corrected pursuant <br />to the requirements set forth in the Notice of Violation, or, in the event of an appeal, <br />within 7 days of the decision of the City Manager upholding the decision of the <br />Public Works Director, then city representatives shall have the right to enter upon <br />the subject private property and are authorized to take any and all measures <br />necessary to abate the violation and/or restore the property. It shall be unlawful for <br />
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