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( 3 ) Modification of plan . The applicant must amend the plan as necessary to include additional requirements such as additional or modified BMPs designed to correct problems identified or address situations whenever : ( a ) A change in design , construction , operation , maintenance , weather , or seasonal conditions that has a significant effect on the discharge or pollutants to surface waters or underground waters ; ( b ) Inspections or investigations indicate the plans are not effective in eliminating or significantly minimizing the discharge or pollutants to surface waters or underground waters or that the discharges are causing water quality degradation ; ( c ) The plan is not achieving the general objectives of minimizing pollutants in stormwater discharges associated with construction activity ; or ( d ) The plan is not consistent with the terms and conditions of this chapter . ( Ord . 09 - 15 , passed 10 - 26 - 2015 ) 1011 . 014 FINANCIAL SECURITIES . The applicant shall be subject to the financial security provisions of the city development agreement , site improvement performance agreement and /or the city public improvement financing policy , as applicable . ( Ord . 09 - 15 , passed 10 - 26 - 2015 ) 1011 . 015 ENFORCEMENT . ( 1 ) Notification of failure of the permit. The city shall notify the permit holder of the failure of the permit ' s measures . ( a ) Initial contact. The initial contact will be to the party or parties listed on the application and /or the SWPPP as contacts . Except during an emergency action , 48 hours after notification by the city or 72 hours after the failure of erosion and sediment control measures , whichever is less , the city at its discretion may begin corrective work . Such notification should be in writing , but if it is verbal , a written notification should follow as quickly as practical . If after making a good faith effort to notify the responsible party or parties , the city has been unable to establish contact , the city may proceed with corrective work . There are conditions when time is of the essence in controlling erosion . During such a condition , the city may take immediate action and then notify the applicant as soon as possible . ( b ) Emergency action . If circumstances exist such that non - compliance with this chapter poses an immediate danger to the public health , safety and welfare , as determined by the city , the city may take emergency preventative action . The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action . Any cost to the city may be recovered from the applicant ' s financial security . 31