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any person has information of release of materials which result or may result in 417 illegal discharges of pollutants into the storm sewer system, or water of the state, 418 said person shall take all necessary steps to ensure the discovery, containment, 419 and cleanup of such release according to state and federal laws. 420 M. Suspension of Storm Sewer System Access 421 1. Suspension due to illicit discharges in emergency situation: The City may, 422 without prior notice, suspend MS4 discharge access to a person when such 423 suspension is necessary to stop an actual or threatened discharge that presents 424 or may present imminent and substantial danger to the environment, to the 425 heath or welfare of persons, to the storm sewer or waters of the state. If the 426 violator fails to comply with a suspension order issued in an emergency, the 427 city may take such steps as deemed necessary to prevent or minimize damage 428 to the storm sewer system or the waters of the state, or to minimize danger to 429 persons. 430 2. Suspension due to the detection of illicit discharge: All persons discharging 431 to the MS4 in violation of this ordinance may have their access terminated if 432 such termination serves to abate or reduce an illicit discharge. It is a violation 433 of this ordinance to reinstate access to premises that have been terminated 434 pursuant to this section without the prior approval of the City. 435 N. Enforcement 436 1. Notice of Violation: A violation of this ordinance is a Public Nuisance. When 437 it has been determined that a person has violated a prohibition or failed to 438 meet a requirement of this Ordinance, the Public Works Director may order 439 compliance by written notice of violation to the person(s) responsible for the 440 violation. Such notice may require without limitation: 441 a. The performance of monitoring, analysis, and reporting; 442 b. The elimination of illicit connections or discharges; 443 c. That violating discharges, practices, or operations shall cease and desist; 444 d. The abatement or remediation of storm waterstormwater pollution or 445 contamination hazards and the restoration of any affected property; 446 e. Payment of a fine to cover administrative and remediation costs; 447 f. The implementation of source control or treatment BMPs; 448 g. The development of a corrective action plan to prevent repeat discharges; 449 and/ or 450 h. Any other requirement deemed necessary. 451 If abatement of a violation and/ or restoration of affected property is required, the notice shall 452 set forth a deadline within which such remediation or restoration must be completed. Said 453 notice shall further advise that, should the violator fail to remediate or restore within the 454 established deadline, the work will be done by a designated governmental agency or a 455 contractor and the expense thereof shall be charged to the violator. 456 2. Appeal of Notice of Violation: Any person receiving a Notice of Violation 457 may appeal the determination of the Public Works Director. The notice of 458 appeal must be received within 7 days from the date of the Notice of 459 Violation. Hearing on the appeal before the City Manager or his/her designee 460 shall take place within 15 days from the date of receipt of the notice of 461 appeal. The decision of the City Manager or his/ her designee shall be final. 462 3. Enforcement Measures after Appeal: If the violation has not been corrected 463 pursuant to the requirements set forth in the Notice of Violation, or, in the 464 event of an appeal, within 7 days of the decision of the City Manager 465 upholding the decision of the Public Works Director, then city representatives 466 shall have the right to enter upon the subject private property and are 467 authorized to take any and all measures necessary to abate the violation 468 and/or restore the property. It shall be unlawful for any person, owner, agent 469 RCA Attachment B