The Authorized Enforcement Agency is authorized, after giving
reasonable notice and opportunity for compliance, to correct any violation
of this chapter or damage or impairment to the stormwater drainage
system caused by a discharge and to bill the person causing the violation
or discharge for the costs of the work to be reimbursed. The costs
reimbursable under this section shall be in addition to fees, amounts
or other costs and expenses required to be paid to the Authorized
Enforcement Agency under other sections of this chapter.
If emergency measures are necessary to respond to a nuisance;
to protect public safety, health, and welfare; and/or to prevent loss
of life, injury, or damage to property, the Authorized Enforcement
Agency is authorized to carry out or arrange for all such emergency
measures. Property owners shall be responsible for the cost of such
measures made necessary as a result of a violation of this chapter
and shall promptly reimburse the Township of Buchanan for all of such
costs.
Any person who discharges to a stormwater drainage system or
a water body, including, but not limited to, any person who causes
or creates a discharge that violates any provision of this chapter,
produces a deposit or obstruction or otherwise damages or impairs
a stormwater drainage system, or causes or contributes to a violation
of any federal, state, or local law governing the Township of Buchanan,
shall be liable to and shall fully reimburse the Township of Buchanan
for all expenses, costs, losses or damages (direct or indirect) payable
or incurred by the Township of Buchanan as a result of any such discharge,
deposit, obstruction, damage, impairment, violation, exceedance, or
noncompliance. The costs that must be reimbursed to the Township of
Buchanan shall include, but shall not be limited to, all of the following:
A. All costs incurred by the Township of Buchanan in responding to the
violation or discharge, including expenses for any cleaning, repair
or replacement work, and the costs of sampling, monitoring, and treatment,
as a result of the discharge, violation, exceedance, or noncompliance.
B. All costs to the Township of Buchanan of monitoring, surveillance,
and enforcement in connection with investigating, verifying, and prosecuting
any discharge, violation, exceedance, or noncompliance.
C. The full amount of any fines, assessments, penalties, and claims,
including natural resource damages, levied against the Township of
Buchanan, or any Township of Buchanan representative, by any governmental
agency or third party as a result of a violation of applicable laws
or regulations that is caused by or contributed to by any discharge,
violation, exceedance, or noncompliance.
D. The full value of any Township of Buchanan staff time (including
any required overtime), consultant and engineering fees, and actual
attorney fees and defense costs (including the Township of Buchanan's
legal counsel and any special legal counsel), associated with responding
to, investigating, verifying, and prosecuting any discharge, violation,
exceedance, or noncompliance, or otherwise enforcing the requirements
of this chapter.
Any person to whom any provision of this chapter has been applied
may appeal, in writing, to the Township of Buchanan not later than
30 days after the action or decision being appealed. Such appeal shall
identify the matter being appealed and the basis for the appeal. The
Township of Buchanan shall consider the appeal and make a decision
whereby it affirms, rejects, or modifies the action being appealed.
In considering any such appeal, the Township of Buchanan may consider
the recommendations of the Authorized Enforcement Agency and the comments
of other persons having knowledge or expertise regarding the matter.
In considering any such appeal, the Township of Buchanan may grant
a temporary variance from the terms of this chapter so as to provide
relief, in whole or in part, from the action being appealed, but only
upon finding that the following requirements are satisfied:
A. The application of the chapter provisions being appealed will present
or cause unnecessary hardship for the person appealing; provided,
however, that unnecessary hardship shall not include the need for
a property owner to incur additional reasonable expenses in order
to comply with the chapter; and
B. The granting of the relief requested will not prevent accomplishment
of the goals and purposes of this chapter, nor result in less effective
management of stormwater runoff.
With the approval of the Township of Buchanan, the Authorized
Enforcement Agency may institute legal proceedings in a court of competent
jurisdiction to seek all appropriate relief for violations of this
chapter or of any permit, order, notice or agreement issued or entered
into under this chapter. The action may seek temporary or permanent
injunctive relief, damages, penalties, costs, and any other relief,
at law or equity, that a court may order. The Authorized Enforcement
Agency may also seek collection of fines, penalties and any other
amounts due to the Township of Buchanan that a person has not paid.
The imposition of a single penalty, fine, order, damage, or
surcharge upon any person for a violation of this chapter, or of any
permit, order, notice or agreement issued, or entered into under this
chapter, shall not preclude the imposition by the Township of Buchanan,
the Authorized Enforcement Agency, or a court of competent jurisdiction
of a combination of any or all of those sanctions and remedies or
additional sanctions and remedies with respect to the same violation,
consistent with applicable limitations on penalty amounts under state
or federal laws or regulations. A criminal citation and prosecution
of a criminal action against a person shall not be dependent upon
and need not be held in abeyance during any civil, judicial, or administrative
proceeding, conference, or hearing regarding the person.