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
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
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
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
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
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