Chapter 5.08 Stormwater Discharge

The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Southport, Indiana, through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants from illicit discharges and connections into the MS4 and the waters of the State of Indiana per the Clean Water Act and the Indiana Department of Environmental Management’s (IDEM) National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System General Permit (MS4GP). The objectives of this chapter are:

(A) To regulate the contribution of pollutants into the City’s MS4 by any person;

(B) To prohibit illicit connections and discharges to the City’s MS4; and

(C) To establish legal authority to conduct all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024)

5.08.020 DEFINITIONS.

For this chapter, the following shall mean:

(A) ACCIDENTAL DISCHARGE. A discharge prohibited by this chapter that occurs by chance and without planning or consideration before the occurrence.

(B) AUTHORIZED ENFORCEMENT AGENCY. Employees or designees of the City of Southport, City of Indianapolis, and Marion County addressing the enforcement of this chapter.

(C) BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

(D) BOARD. The City of Southport Stormwater Board.

(E) CITY. City of Southport, Indiana, and its designated representatives.

(F) CLEAN WATER ACT. The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

(G) CONSTRUCTION ACTIVITY. Activities subject to the NPDES Construction Stormwater General Permit (CSGP). These include construction projects resulting in land disturbance of one acre or more, and construction activities encompassing less than one acre but part of a larger common development equaling greater than one acre. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

(H) CONVEYANCE. Any structural process for transferring liquid between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.

(I) DRY WEATHER SCREENING. Field observations and field screening monitoring done to determine if there are sources of illicit discharges into the MS4. Dry weather is defined as a period where there has not been precipitation for three days.

(J) FLOATABLE. Any solid or liquid that, due to its physical characteristics, will float on the surface of water. For this chapter, the term does not include naturally occurring floatables, such as leaves or tree limbs.

(K) GROUND WATER. Accumulations of underground water, natural or artificial, public and private, or parts thereof, which are wholly or partially within, flow through, or border upon this state. The term does not include manmade underground storage or conveyance structures.

(L) HAZARDOUS MATERIALS, SUBSTANCES, or WASTES. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(M) IDEM. Refers to the Indiana Department of Environmental Management.

(N) ILLEGAL DISCHARGE. Any direct or indirect nonstormwater discharge to the MS4, except as exempted in Section 5.08.080.

(O) ILLICIT CONNECTIONS. An illicit connection is defined as either of the following:

(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including but not limited to any conveyances which allow any nonstormwater discharge including, but not limited to, sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by the Authorized Enforcement Agency; or

(2) Any drain or conveyance connected to the MS4 which has not been documented in plans, maps, or equivalent records and approved by the Authorized Enforcement Agency.

(P) ILLICIT DISCHARGE. Any discharge to an MS4 conveyance that is not composed entirely of stormwater, except naturally introduced floatables, such as leaves or tree limbs. Sources of illicit discharges include but are not limited to sanitary wastewater, septic tank effluent, commercial car wash wastewater, oil spills or disposal, radiator flushing disposal, laundry wastewater, roadway accident spillage, pollutant run-off, and household hazardous wastes.

(Q) INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 CFR, 122.26(b)(14).

(R) MAXIMUM EXTENT PRACTICABLE. A performance standard or requirement within a permit to reduce the discharge of pollutants from an MS4 to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act, which is achieved through planning and implementation of specific measures that are identified in the Stormwater Quality Management Plan.

(S) MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4. A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which is:

(1) Owned or operated by a federal, state, city, town, county, district, association, or other public body (created by or under state law) having jurisdiction over stormwater, including special districts under state law such as a sewer district, flood control district, or drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act (33 U.S.C. 1288) that discharges into waters of the state; or privately owned stormwater utility, hospital, university, or college having jurisdiction over stormwater that discharges into waters of the state;

(2) Designed or used for collecting or conveying stormwater;

(3) Not a combined sewer; and

(4) Not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

(T) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). A permit issued by the USEPA or IDEM that authorizes the discharge of pollutants into the waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

(U) NONSTORMWATER DISCHARGE. Any discharge to the MS4 that is not composed entirely of stormwater.

(V) OUTFALL. A point source discharge via a conveyance of stormwater runoff into a receiving stream or other body of water.

(W) PERSON. Any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner’s agent.

(X) POINT SOURCE. A discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, or discrete fissure.

(Y) POLLUTANT. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform, and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

(Z) PREMISES. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(AA) RECEIVING WATERS or RECEIVING STREAM. A waterbody that receives a discharge from an outfall. The term does not include private drains, retention and detention basins, or constructed wetlands used as treatment.

(BB) STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

(CC) USEPA. The United States Environmental Protection Agency.

(DD) WASTEWATER. Means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(EE) WATERCOURSE. Any river, stream, creek, brook, branch, natural or manmade drainage way in or into which stormwater runoff or floodwaters flow either continuously or intermittently.

(FF) WATER QUALITY. A term used to describe the chemical, physical, or biological characteristics of water, usually with respect to its suitability for a particular purpose.

(GG) WATERS OF THE UNITED STATES or WATER OF THE STATE. A term used in federal regulations that defines all water bodies regulated as waters of the U.S. as defined in 33 U.S.C. 1251 (40 CFR 120). (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024)

5.08.030 APPLICABILITY.

This chapter shall apply to all discharges, including illicit and illegal discharges, entering the MS4 that were generated on any developed and undeveloped lands unless explicitly exempted by the Authorized Enforcement Agency. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024)

5.08.040 RESPONSIBILITY FOR ADMINISTRATION.

The City shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City as the Authorized Enforcement Agency may be delegated in writing by the Board to persons or entities acting in the beneficial interest or the employ of the Authorized Enforcement Agency. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024)

5.08.050 ULTIMATE RESPONSIBILITY.

The standards set forth herein and promulgated according to this chapter are minimum standards; therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.060)

5.08.060 INTERPRETATION.

Words and phrases in this chapter shall be construed according to their common and accepted meanings, except that words and phrases defined in Section 5.08.020 shall be construed according to the respective definitions given in that section. Technical words and technical phrases that are not defined in this chapter, but which have acquired particular meanings in law or technical usage, shall be construed according to such meanings. (Ord. 2024.01, passed 3-18-2024)

5.08.070 SEVERABILITY.

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.050)

5.08.080 DISCHARGE PROHIBITIONS.

(A) Prohibition of illegal discharges.

(1) No person shall discharge or cause to be discharged into the MS4, waterbodies, or watercourses, directly or indirectly, any materials, including, but not limited to, pollutants or waters containing any pollutants, which cause or contribute to a violation of applicable water quality standards, other than stormwater.

(2) The commencement, conduct, or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:

(a) The following discharges are exempt from discharge prohibitions established by this chapter: water line and hydrant flushing for maintenance; irrigation water; uncontaminated foundation, footing, and crawl space drains; uncontaminated excess storm sewer cleaning water not collected by a vacuum truck; fire suppression activities; uncontaminated pumped ground water; springs; residential car washing; noncommercial car washing by community organizations; external building wash down without detergents; dechlorinated/debrominated residential swimming pool discharges; uncontaminated ground water infiltration (as defined in 40 CFR 35.2005(20)); pavement wash waters provided spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; and uncontaminated condensate from air conditioning units, coolers, and other compressors, and from outside storage of refrigerated gases or liquids.

(b) Discharges specified in writing by the Authorized Enforcement Agency as being necessary to protect public health and safety.

(c) Dye testing is an allowable discharge but requires a verbal notification to the Authorized Enforcement Agency before the time of the test.

(d) The prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the USEPA or IDEM, providing that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system.

(B) Prohibition of illicit connections.

(1) The construction, use, maintenance, or continued existence of illicit connections to the MS4 is prohibited.

(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) A person violates this chapter if the person connects a sewage conveyance to the MS4 or allows such a connection to continue. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.070)

5.08.090 SUSPENSION OF MS4 SYSTEM ACCESS.

(A) Suspension due to illicit discharges in emergencies.

(1) The Authorized Enforcement Agency may, without prior notice, suspend MS4 discharge access to a person or property owner when such suspension is necessary to stop an actual or threatened discharge that presents or may present an imminent and substantial danger to the environment, the health or welfare of persons, or the MS4, or waters of the United States.

(2) If the violator fails to comply with a suspension order issued in an emergency, the City 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.

(B) Suspension due to the detection of illicit discharge.

(1) Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Authorized Enforcement Agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the Authorized Enforcement Agency for a reconsideration and hearing.

(2) A person commits an offense if the person reinstates MS4 access to premises terminated under this section, without the prior approval of the City. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.080)

5.08.100 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Authorized Enforcement Agency before allowing discharges to the MS4. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.090)

5.08.110 DISCHARGE INSPECTIONS AND MONITORING.

(A) Inspection and monitoring.

(1) The Authorized Enforcement Agency has the authority to periodically inspect any portion of the MS4, whether publicly or privately owned, to detect and eliminate illicit connections and discharges into the MS4. The inspection may include dry weather screening of discharges from outfalls connected to the MS4 to determine if prohibited flows are being conveyed into the MS4. It could also include spot testing of waters contained in the MS4 itself to detect the introduction of pollutants into the MS4 by means other than a defined outfall, such as dumping or contaminated sheet runoff.

(B) Access to facilities.

(1) The Authorized Enforcement Agency, or a representative thereof, shall be permitted to enter and inspect the premises subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a person has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Authorized Enforcement Agency.

(2) Persons shall allow the Authorized Enforcement Agency ready access to all parts of the premises for inspection, sampling, examination, and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater and the performance of any additional duties as defined by state and federal law.

(3) The Authorized Enforcement Agency shall have the right to set up on the premises such devices as are necessary in the opinion of the Authorized Enforcement Agency to conduct monitoring and/or sampling of the premises’ stormwater discharge.

(4) The Authorized Enforcement Agency has the right to require the discharger to install monitoring equipment, as necessary. The premises’ sampling and monitoring equipment shall always be maintained in a safe and operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the person at the written or oral request of the Authorized Enforcement Agency and shall not be replaced. The costs of clearing such access shall be borne by the person.

(6) Unreasonable delays in allowing the Authorized Enforcement Agency access to the premises is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Authorized Enforcement Agency reasonable access to the permitted facility to conduct any activity authorized or required by this chapter.

(7) If the Authorized Enforcement Agency has been refused access to any part of the premises from which stormwater is discharged, and he/she can demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Authorized Enforcement Agency may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 2024.01, passed 3-18-2024)

5.08.120 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.

The Authorized Enforcement Agency is authorized to require dischargers to implement pollution prevention measures, utilizing best management practices (BMPs) necessary to prevent or reduce the discharge of pollutants into the MS4 or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses by using structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.110)

5.08.130 STORAGE OF HAZARDOUS AND TOXIC MATERIAL.

Storage or stockpiling of hazardous or toxic material within any watercourse, or in its associated floodway or floodplain, is prohibited. Storage or stockpiling of hazardous or toxic material, including sewage treatment plant stockpiles, on a property must include adequate protection and/or containment to prevent any such materials from entering any temporary or permanent stormwater conveyance or watercourse. (Ord. 2024.01, passed 3-18-2024)

5.08.140 WATERCOURSE PROTECTION.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 2024.01, passed 3-18-2024)

5.08.150 NOTIFICATION OF SPILLS.

(A) Any person who operates, controls, or maintains a facility, premises, or property from which a spill occurs is responsible for notifying emergency response agencies and taking all necessary steps to ensure the discovery, containment, and cleanup of such release. This section is in addition to the procedures and requirements identified in the Indiana Spill Rule, 327 IAC 2-6.1.

(B) Any discharger who accidentally discharges into the MS4 or a waterbody any substance other than stormwater or an exempted discharge shall immediately inform the Authorized Enforcement Agency concerning the discharge.

(C) A written report concerning the discharge shall be filed with the Authorized Enforcement Agency, by the dischargers, within five days. The written report shall specify:

(1) The composition of the discharge and the cause thereof;

(2) The date, time, and estimated volume of the discharge;

(3) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence; and

(4) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.

(D) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs, or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section and the Indiana Spill Rule (327 IAC 2-6.1). This requirement does not relieve a discharger from notifying other entities as required by state or federal regulations. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.120)

5.08.160 ENFORCEMENT.

(A) Violation. It shall be unlawful for any person to violate or fail to comply with any provision of this chapter. Any person who has violated or continues to violate any provision 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.

(B) Notice of violation.

(1) Whenever the Authorized Enforcement Agency finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Authorized Enforcement Agency may order compliance by written notice of violation to the responsible person.

(2) Such notice may require without limitation:

(a) The performance of monitoring, analyses, and reporting;

(b) The elimination of illicit connections or discharges;

(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(e) Payment of reimbursement expenses to cover administrative and remediation costs; and

(f) The implementation of source control or treatment BMPs.

(3) Such notice of violation shall contain:

(a) The names and addresses of the owner and violator;

(b) The address when available, or a description of the building, and structure of land upon which the violation has occurred;

(d) A description of the remedial measures necessary to bring the illegal activity into compliance with this chapter and a schedule for the completion of such remedial action, which may include designating the violation requires immediate action of less than 24 hours;

(e) A statement that should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator;

(f) A description of the remedial measures, if any, that were necessary to bring the illegal activity into compliance with this chapter that was already taken by the Authorized Enforcement Agency, the cost thereof, and a statement that the violator shall be responsible for the remedial action already taken; and

(g) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is sent.

(C) If an emergency exists and immediate action is required, the Authorized Enforcement Agency may abate or remedy the violation and said notice may be given after said abatement or remediation has occurred. In the event of such an emergency, the Authorized Enforcement Agency may enter the subject property and may take all measures necessary to abate the violation. It shall be unlawful for any person to refuse access to the Authorized Enforcement Agency or designated contractor to enter upon the property for the purposes set forth above. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.130)

5.08.170 APPEAL OF NOTICE OF VIOLATION.

Any person receiving a notice of violation may appeal the determination of the Authorized Enforcement Agency. The notice of appeal must be received within 15 days from the date of the notice of violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.140)

5.08.180 ENFORCEMENT MEASURES AFTER APPEAL.

If the violation has not been corrected under the requirements outlined in the notice of violation, or, in the event of an appeal, within 15 days of the decision of the municipal authority upholding the decision of the Authorized Enforcement Agency, then representatives of the Authorized Enforcement Agency shall enter upon the subject private property and are authorized to take any measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, or agent in possession of any premises to refuse to allow the government agency or designated contractor to enter the premises for the purpose set forth above. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.150)

5.08.190 COST OF ABATEMENT OF THE VIOLATION.

Within 15 days after abatement of the violation, the owner of the property will be notified of the cost of abatement including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 15 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the Authorized Enforcement Agency because of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 8% per annum shall be assessed on the balance beginning on the first day following the discovery of the violation. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.160)

5.08.200 INJUNCTIVE RELIEF.

It shall be unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the Authorized Enforcement Agency may petition for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.170)

5.08.210 COMPENSATORY ACTION.

Instead of enforcement proceedings, penalties, and remedies authorized by this chapter, the Authorized Enforcement Agency may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.180)

5.08.220 VIOLATIONS DEEMED A PUBLIC NUISANCE.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.190)

5.08.230 CRIMINAL PROSECUTION.

Any person that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law and shall also be subject to any other criminal and/or civil penalties authorized by law including but not limited to potential monetary penalties, damages and/or imprisonment as may be authorized by law. The Authorized Enforcement Agency shall recover all attorney’s fees, court costs, and other expenses associated with enforcement of the chapter, including sampling and monitoring costs. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.200)

5.08.240 REMEDIES NOT EXCLUSIVE.

The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the Authorized Enforcement Agency to seek cumulative remedies. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.210)

5.08.250 ADOPTION OF ORDINANCE.

The ordinance codified in this chapter shall be in full force and effect as of the day of its passage. All prior ordinances and parts of ordinances in conflict with this chapter are hereby repealed. (Ord. passed 2-20-2006; Am. Ord. 2024.01, passed 3-18-2024. Formerly 5.08.220)