A. The discharge of, or potential discharge of, any pollutant to the MS4 or waters of the United States; failure to obtain a federal or state stormwater discharge permit; the failure to prepare or implement a SWP3 when required by a federal or state permit; the failure to use effective BMP devices; the malicious destruction of BMP devices; failure to repair BMP devices; the failure to comply with any directive, citation, or order issued under this chapter; are violations of this chapter for which enforcement action may be taken.

B. Prior to taking any enforcement action as specified in this section, a violator will be issued a notice of violation that will detail the nature of the violation, actions to be taken to remedy the violation, actions to be taken to clean-up any pollutants, and any specific time periods within which to accomplish said actions.

C. The enforcement actions to be taken under this chapter, as provided in Section 16.32.110 are as follows:

1. Criminal Penalty. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00). Each and every day during which any violation of any provision of this chapter is committed, continued, or permitted is a separate violation.

2. Stop Work Order. Notwithstanding other penalties provided by this chapter, whenever the director or BI, or their designees, finds that any owner or contractor on a construction site has violated, or continues to violate, any provision of this chapter or any order issued thereunder, the director or BI may after reasonable notice to the owner or contractor issue a stop work order to the owner and contractors by posting such order at the construction site. Said order shall also be distributed to all city departments and divisions whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the city associated with the building permit, grading permit, site development plan approval, or any other approval necessary to commence or to continue construction or to assume occupancy at the site. Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the violator. Failure to comply with the requirements of any stop work order is a violation of this chapter.

3. Administrative Penalty Process.

a. When the director finds that any stormwater discharger has violated or continues to violate the provisions set forth in this chapter, or the discharger’s NPDES permit or any order issued thereunder, the director may issue an order for compliance to the discharger. Such orders may contain any requirements as might be reasonably necessary and appropriate to address noncompliance including, but not limited to, the installation of best management practices, additional self-monitoring, and/or disconnection from the MS4.

b. The director is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial discharger responsible for noncompliance. Such orders shall include specific action to be taken by the discharger to correct the noncompliance within a time period specified by the order.

c. Notwithstanding any other remedies or procedures available to the city, any discharger who is found to have violated any provision of this chapter, or any NPDES permit or any order issued under this chapter, may be assessed an administrative penalty as follows:

1. Failure to obtain required NPDES permit: up to two thousand five hundred dollars ($2,500.00) per violation;

2. Failure to prepare stormwater pollution prevention plan: up to two thousand dollars ($2,000.00) per violation;

3. Failure to install best management practices: up to one thousand eight hundred dollars ($1,800.00) per violation;

4. Failure to maintain best management practices: up to one thousand dollars ($1,000.00) per violation;

5. Failure to perform required sampling and testing or provide testing reports: up to one thousand dollars ($1,000.00) per violation.

Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Upon assessment of any administrative penalty, the city will bill the violator for said charge and the director shall have such collection remedies as are available at law. (Ord. G-988 § 1 (part), 2006)