CC_Minutes_2010_0222 - Laserfiche WebLink

Home

1 (i) If city representatives are refused access to any part of the premises from which storm water is 2 discharged, and there is probable cause to believe that there may be a violation of this ordinance; or 3 (ii) there is a need to inspect and/or sample as part of a routine inspection and sampling program designed 4 to verify compliance with this ordinance or any order issued hereunder; or 5 (iii) to protect the overall public health, safety, and welfare of the community. 6 K. Watercourse Protection 7 Every person owning property through which a watercourse passes or is directly adjacent to a 8 watercourse, shall keep and maintain that part of the watercourse free of trash, debris, and other 9 obstacles that would pollute, contaminate, or retard the flow of water through the watercourse. In 10 addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a 11 watercourse, so that such structures will not become a hazard to the use, function, or physical integrity 12 of the watercourse. 13 L. Notification of Spills 14 Notwithstanding other requirements of law, as soon as any person has information of release of 15 materials which result or may result in illegal discharges of pollutants into the storm sewer system, or 16 water of the state, said person shall take all necessary steps to ensure the discovery, containment, and 17 cleanup of such release according to state and federal laws. 18 M. Suspension of Storm Sewer System Access 19 1. Suspension due to illicit discharges in emergency situation: The City may, without prior notice, suspend 20 MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened 21 discharge that presents or may present imminent and substantial danger to the environment, to the heath 22 or welfare of persons, to the storm sewer or waters of the state. If the violator fails to comply with a 23 suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or 24 minimize damage to the storm sewer system or the waters of the state, or to minimize danger to persons. 25 2. Suspension due to the detection of illicit discharge: All persons discharging to the MS4 in violation of this 26 ordinance may have their access terminated if such termination serves to abate or reduce an illicit 27 discharge. It is a violation of this ordinance to reinstate access to premises that have been terminated 28 pursuant to this section without the prior approval of the City. 29 N. Enforcement 30 1. NOTICE OF VIOLATION: A violation of this ordinance is a Public Nuisance. When it has been 31 determined that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the 32 ( Public Works Director may order compliance by written notice of violation to the respeasib~~person~ 33 responsible for the violation. Such notice may require without limitation: 34 (i) The performance of monitoring, analysis, and reporting; 35 (ii) The elimination of illicit connections or discharges; 36 (iii) That violating discharges, practices, or operations shall cease and desist; 37 (iv) The abatement or remediation of storm water pollution or contamination hazards and the restoration of 38 any affected property; 39 (v) Payment of a fine to cover administrative and remediation costs; a~ 40 (vi) The implementation of source control or treatment BMPs; a~ 41 (vii) The development of a corrective action plan to prevent repeat discharges; and/ or 42 (viii) Any other requirement deemed necessary. 43 I If abatement of a violation and/_or restoration of affected property is required, the notice shall set 44 forth a deadline within which such remediation or restoration must be completed. Said notice shall 45 further advise that, should the violator fail to remediate or restore within the established deadline, 46 the work will be done by a designated governmental agency or a contractor and the expense thereof 47 shall be charged to the violator. Page 6 of 9