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Article 8
Sec 7.08.006
Enforcement of The Municipal Separate Storm Sewer Regulations

A. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the public storm sewer facilities unless otherwise authorized by the Director. The Director may authorize entry, uncovering, disconnection, blockage, removal, replacement, or destruction of any part of the public storm sewer system when, in his/her opinion, it is in the best interests of the City. Any person(s) violating this provision may he subject to immediate arrest under charge of disorderly conduct and/or may be subject to prosecution in municipal court and to a fine of up to $500 and a jail term of up to 6 months, or both. Nothing contained in this paragraph shall preclude the City from pursuing action in civil court to recover its damages incurred. to obtain a court order enjoining further damage, or to pursue remedies set forth in paragraphs "B" through "J" below.

B. When any person has violated or is violating this Article, a permit or order issued hereunder, or any other storm water control ordinance, regulation, permit, or order, including but not limited to Erosion Control Requirements contained in Chapter 20, Article 16, of the City Code:

1. The Director may serve upon said person a written notice of violation. Wherever the term "notice" is used throughout this Section it shall mean service by personal delivery, by certified mail (return receipt requested), by first class mail, or by posting on the property of the person being notified. Failure to accept certified mail within ten (10) days constitutes acceptance. Said person shall submit to the Director an explanation of the violation and a plan for the satisfactory correction and prevention thereof within ten (10) days of the receipt of the notice, unless otherwise specified by the Director. The plan shall include specific actions which will be taken to remedy the violation. Submission of this plan in no way relieves said person of liability for any violations occurring before or after receipt of the notice of violation.

2. The Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance. The agreement may include specific action to be taken by said person to correct the noncompliance within a specified time period. The agreement will have the same force and effect as an administrative order issued pursuant to Section 7.08.006, paragraphs "B.4" and "B.5" below.

3. The Director may order any person who causes or contributes to such violation(s) to appear before the Director and show cause why a proposed enforcement action should not be taken. Notice shall be served on said person specifying the time and place for the hearing, the enforcement action being proposed, the reasons for such action. and a direction that the person show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of said person. Whether or not said person appears as ordered, immediate enforcement action may be pursued following the hearing date.

4. The Director may issue an order to the person responsible for noncompliance directing that adequate treatment facilities, devices, or other related appurtenances be installed and properly operated within a specified time frame. This compliance order may also contain other requirements to address noncompliance, including, but not limited to, best management practices and/or erosion control measures designed to minimize the amount of pollutants discharged to the municipal separate storm sewer system. A compliance order does not release said person of liability for any violation, including any continuing violation. Violation of any terms of a compliance order issued hereunder shall constitute a violation of this Article subject to the enforcement remedies authorized herein.

5. The Director may issue an order to the person directing him/her to cease and desist all such violations and directing him/her to:

a. Immediately comply with all requirements; and/or
b. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation.

6. The Director may petition the Circuit Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the permit, order or other requirement imposed by this Article on activities of said person. Such other action as appropriate for legal and/or equitable relief may also be sought by the City.

7. Upon a finding by the WPC Director that it is necessary to stop work on any clearing, grubbing, excavation or other land disturbance or construction activities in order to obtain compliance or to correct a violation, the WPC Director shall so notify the Public Works Director. Upon receipt of such notification, the Public Works Department shall take the necessary steps to issue a stop-work order to the appropriate person. Any work done on the site after notice of a stop-work order is prohibited except for work necessary to conduct the required corrective action. The stop-work order shall only be rescinded after the WPC Director has determined that ability to comply has been satisfactorily demonstrated and the WPC Director has so notified the Public Works Director.

8. The occupational license held by a business may be revoked for noncompliance with this Article. The WPC Director shall notify the Director of Finance and Administration that the business is no longer entitled to hold an occupational license. Upon receipt of such notification, the Finance Department shall take the necessary steps to revoke said license. Such license shall only be reissued after the WPC Director has determined that the business has satisfactorily demonstrated its ability to comply and the WPC Director has so notified the Director of Finance and Administration.

9. Building permits may be revoked for noncompliance with this Article. The WPC Director shall notify the Community Development Director that the permittee is no longer entitled to hold a building permit. Upon receipt of such notification, the Community Development Department shall take the necessary steps to revoke said permit. Such permit shall only be reissued after the WPC Director has determined that the person has satisfactorily demonstrated his/her ability to comply and the WPC Director has so notified the Community Development Department Director.

10. Each remedy set out in this paragraph "B" is independent and not exclusive. Use of one remedy by the Director does not preclude use of any other remedy set out in this paragraph, or this Section 7.08.006, or this Article. Selection of remedies to be pursued, whether one or several, shall be at the discretion of the Director.

C. In addition to the remedies set out in paragraph "B" above, the Director may levy an administrative fine not to exceed One Thousand Dollars ($1,000.00) per violation per day against any industrial user or other nondomestic source that is found to have violated or continues to violate any provision of this Article, any permit or orders issued hereunder, or any other storm water control ordinance, regulation, permit, or order, including but not limited to Erosion Control Requirements contained in Chapter 20, Article 16, of the City Code.

The Director may levy any administrative fine not to exceed Five Hundred Dollars ($500.00) per violation per day against any person other than an industrial user or other nondomestic source upon finding that said person has violated any provision of this Article, any permit or orders issued hereunder, or any other storm water control ordinance, regulation, permit or order.

1. Assessments or fines may be added to a user's next scheduled utility service charge or separately invoiced, and the Director shall have such other collection remedies as are available. The Director may enter into an agreement with an industrial user, business or person allowing the implementation of a pollution prevention program approved by the Director in lieu of payment of an administrative fine.

2. Unpaid charges, fines, and penalties shall, after twenty-five (25) calendar days, be assessed an additional penalty of five percent (5%) of the unpaid balance, and interest shall accrue thereafter at a rate of five percent (5%) per month. Failure to pay administrative fines shall be deemed a violation of this Article and subject to other enforcement action under this section. In addition, collection of said fines may be pursued in Jackson County Circuit Court. Further, the Director may request that a lien be assessed against the property of the person found to have violated this Article or any orders or permits issued hereunder, for unpaid charges, fines, and penalties in the same manner as set out in this Code for liens for special assessments.

3. Any person desiring to dispute such fines must file a written request for the Director to reconsider the fine within ten (10) days of being notified of the fine. Such request must contain a statement outlining the necessary facts and conditions supporting the request for reconsideration. An initial finding of fact shall be made after investigation and review of the information submitted by the person disputing the fine.

4. If said person is not satisfied with the initial finding, he/she may request in writing within ten (10) days a hearing before the Director. The Director will make findings of fact and issue the City's final decision. The Director may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.

5. Levying of an administrative fine shall not be a prerequisite for taking any other action against a person found to have violated this Article or any permit or order issued hereunder.

D. Any person violating any of the provisions of this Article shall upon conviction thereof be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each violation and/or be subject to imprisonment for not more than six (6) months. Each day that a violation continues shall be deemed a separate and distinct offense.

E. Any person violating any of the provisions of this Article or any order or permit issued hereunder shall become liable to the City for any expense, including sampling and monitoring expenses, loss or damage occasioned by the City, reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Article or the orders, rules, regulations and permits issued hereunder.

F. Any industrial user that willfully or negligently introduces any substance into a municipal separate storm sewer, either directly or by indirect storm sewer discharge, which causes personal injury or property damage shall, upon conviction, be subject to a penalty not to exceed One Thousand Dollars ($1,000.00) and/or be subject to imprisonment for not more than six (6) months. Any person other than an industrial user that willfully or negligently introduces any substance into a municipal separate storm sewer either directly or by indirect storm sewer discharge, which causes personal injury or property damage shall, upon conviction, be subject to a penalty not to exceed Five Hundred Dollars ($500.00) and/or be subject to imprisonment for not more than six (6) months. This penalty shall be in addition to any other cause of action for personal injury or property damage under State law.

G. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Article shall, upon conviction, be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) per violation per day or imprisonment for not more than six (6) months or both. In the event of a second or subsequent conviction, the person shall be punished by a fine not to exceed Three Thousand Dollars ($3,000.00) per violation per day or imprisonment for not more than six (6) months or both. Any penalty imposed under this paragraph shall not preclude any appropriate civil remedy, including administrative fines.

H. The Director may refer an enforcement matter to the State or EPA for either joint enforcement action or action by the State or EPA alone. The Director may petition the State to reopen a State operating permit, including a State operating permit for storm water discharge associated with construction or land disturbance activity, to impose further controls, to require changes in an industrial facility's pollution prevention plan, to require an individual State operating permit for a facility covered by a general permit, to require a State operating permit for a facility not covered by a storm water permit or to inspect and monitor a facility discharging to a municipal separate storm sewer for compliance with its State operating permit.

I. The Director may enter into agreements with neighboring jurisdictions or with other public entities which own or operate municipal separate storm sewer(s) located in or adjacent to the City of Independence or interconnected to the Independence municipal separate storm sewer system to provide for the implementation and enforcement of requirements contained in this Article or any other applicable storm water control ordinance or regulation. The Director may in accordance with an interjurisdictional agreement, refer an enforcement matter regarding a source of discharge to a storm sewer tributary to a neighboring jurisdiction's municipal separate storm sewer system to said jurisdiction for enforcement action.

J. The Director may arrange for remediation action to be taken when, in the opinion of the Director, a pollutant has caused, or has been placed in a location where it is reasonably certain to cause pollution of any waters conveyed by the municipal separate storm sewer system or of waters of the State. Remediation action may include but is not limited to the protection of the municipal separate storm sewer system from runoff of soil, sediment, rock, gravel sand, construction materials and other pollutants. The Director may assess the person responsible for the pollutant for the cost of the remediation and for reasonable costs of associated administration and overhead. Bills for the costs associated with such remediation may be added to the person's next scheduled utility service charge, and the Director shall have such other collection remedies as are available. Where a Performance Bond or Performance and Maintenance Bond is required to be provided under this Article or under other provisions of City Code, said Bond may be used to pay any and all costs incurred by the City associated with such remediation.

K. Before any building permit or other permit or license referred to in this Article shall be reissued, the WPC Director may require the applicant for such permit to deposit with the Director of Finance and Administration a Performance Bond in a sum not to exceed a value determined by the WPC Director to be necessary to achieve consistent compliance.

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