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DRAFT 01 -19 -2011 <br />• (b) Inspections or investigations indicate the plans are not effective in eliminating or <br />significantly minimizing the discharge or pollutants to surface waters or underground waters or <br />that the discharges are causing water quality degradation; or <br />(c) The plan is not achieving the general objectives of minimizing pollutants in <br />stormwater discharges associated with construction activity; or <br />(d) The plan is not consistent with the terms and conditions of this ordinance. <br />1011.12 FINANCIAL SECURITIES <br />The applicant shall be subject to the financial security provisions of the City of Lino Lakes <br />Development Agreement, Site Improvement Performance Agreement and/or the Lino Lakes <br />Public Improvement Financing Policy, as applicable. <br />1011.13 ENFORCEMENT <br />(1) Notification of Failure of the Permit. The City shall notify the permit holder of the <br />failure of the permit's measures. <br />(a) Initial Contact. The initial contact will be to the party or parties listed on the <br />• application and/or the SWPPP as contacts. Except during an emergency action, forty-eight (48) <br />hours after notification by the City or seventy -two (72) hours after the failure of erosion and <br />sediment control measures, whichever is less, the City at its discretion may begin corrective <br />work. Such notification should be in writing, but if it is verbal, a written notification should <br />follow as quickly as practical. If after making a good faith effort to notify the responsible party <br />or parties, the City has been unable to establish contact, the City may proceed with corrective <br />work. There are conditions when time is of the essence in controlling erosion. During such a <br />condition the City may take immediate action and then notify the applicant as soon as possible. <br />• <br />(b) Emergency Action. If circumstances exist such that non - compliance with this <br />ordinance poses an immediate danger to the public health, safety and welfare, as determined by <br />the city, the city may take emergency preventative action. The city shall also take every <br />reasonable action possible to contact and direct the applicant to take any necessary action. Any <br />cost to the city may be recovered from the applicant's financial security. <br />(c) Erosion Off Site. If erosion breaches the perimeter of the site, the applicant shall <br />clean up and repair or supplement with functional BMPs within 24 hours of discovery or <br />immediately as conditions allow. If, in the discretion of the City, the permit holder does not <br />repair the damage caused by the erosion, the City may do the remedial work required and charge <br />the cost to the applicant. When restoration to wetlands and other resources are required, the <br />applicant shall be required to work with the appropriate agency to ensure that the work is done <br />properly. <br />Alternative Format 21 <br />