§ 4.03.140. Violations, enforcement and penalties.
A.
Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. Any person who has violated or continues to violate the provisions of this Chapter, may be subject to the enforcement actions outlined in this Section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event that the violation constitutes an immediate danger to public health or public safety, Castle Rock Water is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. Castle Rock Water is authorized to seek costs of the abatements as outlined in Section 4.03.170 of this Chapter.
B.
Warning notice. When Castle Rock Water finds that any person has violated, or continues to violate, any provision of this Chapter or any order issued hereunder, Castle Rock Water may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this Subsection shall limit the authority of Castle Rock Water to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
C.
Notice of violation.
1.
Whenever Castle Rock Water finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, Castle Rock Water may order compliance by written notice of violation to the responsible person.
2.
The notice of violation shall contain:
a.
The name and address of the alleged violator;
b.
The address, when available, or a description of the building, structure or land upon which the violation is occurring or has occurred;
c.
A statement specifying the name of the violation;
d.
A description of the remedial measures necessary to restore compliance with this Chapter and a time schedule for the completion of such remedial action;
e.
A statement of the penalty or penalties that shall or may be assessed against the person whom the notice of violation is directed;
f.
A statement that the determination of violation may be appealed to Castle Rock Water by filing a written notice of appeal within fifteen (15) days of service of notice of violation; and
g.
A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
3.
Such notice may require without limitation:
a.
The performance of monitoring, analyses and reporting;
b.
The elimination of illicit connections or discharges;
c.
That violating discharges, practices or operations shall cease and desist;
d.
The abatement or remediation of stormwater pollution or contamination hazard and the restoration of any affected property;
e.
Payment of a fine to cover administrative and remediation costs; and
f.
The implementation of source control or treatment BMPs.
D.
Compensatory action. In lieu of enforcement proceedings, penalties and remedies authorized by this Chapter, Castle Rock Water may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
E.
Suspension of MS4 access.
1.
Emergency cease and desist orders. When Castle Rock Water finds that any person has violated or continues to violate any provision of this Chapter or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violations have caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, Castle Rock Water may issue an order to the violator directing him or her immediately to cease and desist all such violations and directing the violator to:
a.
Immediately comply with all Chapter requirements; and
b.
Take such appropriate preventative action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
Any person notified of an emergency order directed to him or her under this Subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, Castle Rock Water may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection or other municipal utility services. Castle Rock Water may allow the person to recommence the discharge when the person has demonstrated to the satisfaction of Castle Rock Water that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this Chapter. A person who is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to Castle Rock Water within thirty (30) days of receipt of an emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
2.
Suspension due to illicit discharges in emergency situations. Castle Rock Water may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, to the MS4 or to the waters of the United States. If the violator fails to comply with a suspension or order issued in an emergency, Castle Rock Water may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
3.
Suspension due to the detection of illicit discharge.
a.
Any person discharging to the MS4 in violation of this Chapter may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. Castle Rock Water will notify a violator of the proposed termination of its MS4 access. The violator may petition Castle Rock Water for a reconsideration and hearing.
b.
A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section without the prior approval of Castle Rock Water.
F.
Civil penalties. In the event that the alleged violator fails to take the remedial measures set forth in the notice of violation, or otherwise fails to cure the violations described therein within thirty (30) days or such greater period as Castle Rock Water shall deem appropriate, after Castle Rock Water has taken one (1) or more of the actions described above, Castle Rock Water may impose a penalty not to exceed one thousand dollars ($1,000.00) for each day the violation remains unremedied after receipt of the notice of violation.
G.
Criminal prosecution. Any person who has violated or continues to violate this Chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of one thousand dollars ($1,000.00) per violation per day and/or imprisonment for a period of time not to exceed one (1) year. Each act of violation and each day upon which any violation occurs shall constitute a separate offense.
( Ord. No. 2016-044, § 2.H., 12-6-2016 ; Ord. 2005-30 §1, 2005)