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13.11.501. Notice of violations

            Whenever it is determined that there is a violation of this ordinance or the regulations promulgated pursuant hereto, the Notice of Violation shall:

            (1)        Be in writing;

            (2)        Be dated and signed by the authorized City agent that made the inspection or determined the violation;

            (3)        Specify the violation or violations;

            (4)        Provide a specific date that the violations will be corrected by; and

            (5)        State that if the violation is not corrected by a specific date a hearing may be requested before the Department.

            If a Potential Contaminant Source (PCS) is out of compliance with the provisions of the ordinance, but does not pose an immediate threat to public health, then a written warning of violation may be issued within thirty (30) days.  The person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time.  A cease and desist order shall be issued by the Department if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS.  In the event that the PCS fails to comply with a cease and desist order within the specified time period, the Department has the authority to file a request for the Department to initiate proceedings for issuance of penalties and other relief as necessary.

            Any PCS or person found in violation of any provisions of the ordinance will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance.  Violations of the provisions of the ordinance constitute a misdemeanor, punishable as provided by law.  In the event of a spill, leak, or discharge of a regulated substance, the Department if he/she deems the activity to pose a real and present danger of contaminating surface or groundwater which would normally enter the public water supply, the Department has the authority under this ordinance to cause cessation of said activity or use of regulated substance, require administrative controls to mitigate said danger, and/or cause the provision of pollution control and abatement activities.  A facility is in violation of the ordinance, if use of regulated substances in a Protection Zone exceeds twenty (20) gallons or one hundred sixty (160) pounds at any time.  The total use of regulated substances may not exceed fifty (50) gallons or four hundred (400) pounds in any twelve (12) month period.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 98-72, Enacted, 11/5/1998

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