A.
Right of entry for inspection and sampling. The authorized enforcement
agency shall be permitted to enter and inspect facilities subject
to regulation under this Part 3 as often as may be necessary to determine
compliance with this Part 3. The owner or occupant of any premises
containing facilities that connect or discharge directly or indirectly
to the MS4 shall be deemed, as a condition to such connection or discharge
authority, to authorize access of the authorized enforcement agency
upon such premises for purposes of establishing compliance with this
Part 3.
(1)
If a discharger has security measures in force which require
proper identification and clearance before entry into its premises,
the discharger shall make the necessary arrangements to allow access
to representatives of the authorized enforcement agency.
(2)
Facility operators shall allow the authorized enforcement agency
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The authorized enforcement agency shall have the right to set
up on any permitted facility such devices as are necessary, in the
opinion of the authorized enforcement agency, to conduct monitoring
and/or sampling of the facility's stormwater discharge.
(4)
The authorized enforcement agency has the right to require the
discharger to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure the flow and/or quality of
discharges into the MS4 (whether directly or indirectly) shall be
calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the authorized enforcement
agency and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the authorized enforcement agency
access to a permitted facility is a violation of a stormwater discharge
permit and of this Part 3. A person who is the operator of a facility
with an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this Part 3.
(7)
Notwithstanding the foregoing, for any premises used and improved
for detached single-family residential use (or any other premises
that have not received a permit or other authorization to connect
to or discharge into the MS4, either directly or indirectly), the
authorized enforcement agency shall make a request to the owner or
occupant of such premises to enter upon such premises before entering.
If such request is denied, the authorized enforcement agency shall
seek and obtain a warrant for such access prior to entering upon such
premises.
B.
Search warrants. If the authorized enforcement agency has been refused
access to any part of the premises from which stormwater is discharged,
and he/she is able to demonstrate sufficient cause to justify an inspection
of such premises or part thereof, or that there may be a violation
of this Part 3, or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program designed to verify
compliance with this Part 3 or any order issued hereunder, or to protect
the overall public health, safety, and welfare of the community, then
the authorized enforcement agency may seek issuance of a search warrant
from any court of competent jurisdiction.
A.
The authorized enforcement agency will adopt requirements identifying
BMPs for any activity, operation, or facility which may cause or contribute
to pollution or contamination of stormwater, the storm drain system,
or waters of the United States. The owner or operator of such activity,
operation, or facility shall provide, at his or her own expense, reasonable
protection from accidental discharge of prohibited materials or other
wastes into the MS4 or watercourses through the use of these structural
and nonstructural BMPs.
B.
Furthermore, any person responsible for a property or premises that
is, or may be, the source of an illegal discharge may be required
to implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further illegal discharges or pollutants
from entering into the MS4. Compliance with all terms and conditions
of a valid NPDES permit authorizing the discharge of stormwater associated
with industrial activity, to the extent practicable, shall be deemed
compliance with the provisions of this section. These BMPs shall be
part of a stormwater management plan (SWMP) as necessary for compliance
with requirements of the NPDES permit.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
MS4, or waters of the United States, said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release.
In the event of such a release of hazardous materials, said person
shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a release of nonhazardous
materials, said person shall notify the authorized enforcement agency
in person or by phone or facsimile no later than the next business
day. Notifications in person or by phone shall be confirmed by written
notice addressed and mailed to the authorized enforcement agency within
seven business days of the phone or personal notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
Failure to provide notification of a release as provided above is
a violation of this Part 3.
A.
Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Part 3. Any person who has violated or continues to violate the provisions of this Part 3 may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the authorized enforcement agency is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The authorized enforcement agency is authorized to seek costs of the abatement as outlined in § 225-316.
B.
Warning notice.
(1)
When the authorized enforcement agency finds that any person
has violated, or continues to violate, any provision of this Part
3, or any order issued hereunder, the authorized enforcement agency
may serve upon that person a written warning notice, specifying the
particular violation believed to have occurred and requesting the
discharger to immediately investigate the matter and to seek a resolution
whereby any offending discharge or illicit connection will cease.
(2)
Investigation and/or resolution of the matter in response to
the warning notice in no way relieves the alleged violator of liability
for any violations occurring before or after receipt of the warning
notice. Nothing in this subsection shall limit the authority of the
authorized enforcement agency to take any action, including emergency
action or any other enforcement action, without first issuing a warning
notice.
C.
Notice of violation. Whenever the authorized enforcement agency finds
that a person has violated a prohibition or failed to meet a requirement
of this Part 3, the authorized enforcement agency may order compliance
by written notice of violation to the responsible person. The notice
of violation shall contain:
(1)
The name and address of the alleged violator;
(2)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to restore
compliance with this Part 3 and a time schedule for the completion
of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed
to the Village of Bannockburn by filing a written notice of appeal
within seven days of service of notice of violation; and
(7)
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
D.
Corrective requirements. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or illegal discharges;
(3)
That violating discharges, practices, or operations shall cease
and desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine and/or payment of other amounts to cover administrative
and remediation costs; and
(6)
The implementation of source control or treatment BMPs.
E.
Compensatory action. In lieu of enforcement proceedings, penalties,
and remedies authorized by this Part 3, the authorized enforcement
agency may impose upon a violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
F.
Suspension of MS4 access.
(1)
Emergency cease-and-desist orders.
(a)
When the authorized enforcement agency finds that any person has
violated, or continues to violate, any provision of this Part 3, or
any order issued hereunder, or that the person's past violations are
likely to recur, and that the person's violation(s) has (have) caused
or contributed to an actual or threatened illegal discharge to the
MS4 or waters of the United States which reasonably appears to present
an imminent or substantial endangerment to the health or welfare of
persons or to the environment, the authorized enforcement agency may
issue an order to the violator directing it immediately to cease and
desist all such violations and directing the violator to:
(b)
Any person notified of an emergency order directed to it under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The authorized enforcement agency may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the authorized enforcement agency that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this Part 3. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the authorized enforcement agency within five days of receipt of the emergency order. Issuance of an emergency cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(2)
Suspension due to illegal discharges in emergency situations.
The authorized enforcement agency may, without prior notice, suspend
MS4 discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons.
(3)
Suspension due to the detection of illegal discharge. Any person discharging to the MS4 in violation of this Part 3 may have his or her MS4 access terminated if such termination would abate or reduce an illegal discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the Village Board for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this § 225-313, without the prior approval of the authorized enforcement agency.
G.
Civil penalties. In the event the alleged violator fails to take
the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within 14 days, or
such greater period as the authorized enforcement agency shall deem
appropriate, after the authorized enforcement agency has taken one
or more of the actions described above, the authorized enforcement
agency may impose a penalty not to exceed $750 (depending on the severity
of the violation) for each day the violation remains unremedied after
receipt of the notice of violation.
H.
Criminal prosecution. Any person that has violated or continues to
violate this Part 3 may be liable to criminal prosecution to the fullest
extent of the law, and may be subject to a criminal penalty of $750
per violation per day. Each act of violation and each day upon which
any violation shall occur shall constitute a separate offense.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received by the Village Clerk within seven days from the date of the
notice of violation. The appeal shall be heard by the Village Board
or the Board's designee, and such appeal shall take place within 30
days from the date of receipt of the notice of appeal. The decision
of the Village Board or its designee shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 30 days of the decision of the Village Board (or the Board's
designee) upholding the decision of the authorized enforcement agency,
then representatives of the authorized enforcement agency shall have
the right to enter upon the subject private property to take any and
all measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the authorized enforcement agency
or designated contractor to enter upon the premises for the purposes
set forth above.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file with the Village
Clerk within 30 days a written protest objecting to the amount of
the assessment, which protest shall be reviewed by the Village Board.
If the amount due is not paid within a timely manner as determined
by the decision of the Village Board or by the expiration of the time
in which to file an appeal, the charges shall become an assessment
against the property and shall constitute a lien on the property for
the amount of the assessment. Any person violating any of the provisions
of this Part 3 shall become liable to the authorized enforcement agency
by reason of such violation. The Village Board may authorize a violating
property owner to pay such assessment liability in not more than 12
equal monthly payments. Interest at the rate of prime plus 1% per
annum shall be assessed on the balance beginning 30 days following
issuance of the notice of cost of abatement.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Part 3 is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
The remedies listed in this Part 3 are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the Village or any other authorized
enforcement agency to seek cumulative remedies. The Village or any
other authorized enforcement agency may recover all attorneys' fees
court costs and other expenses associated with enforcement of this
Part 3, including sampling and monitoring expenses.
