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Subd. 2. Further, any person responsible for a property or premises that is, or may be, the <br /> source of an illicit discharge, may be required to implement, at said person's expense, <br /> additional structural and non-structural BMPs to prevent the further discharge of <br /> pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES <br /> permit authorizing the discharge of storm water associated with industrial activity, to the <br /> maximum extent practicable, shall be deemed compliant with the provisions of this <br /> section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) <br /> as necessary for compliance with requirements of the NPDES permit. <br /> 912.11: VIOLATIONS,ENFORCEMENT,AND PENALTIES: <br /> Subd. 1. Any person violating any provision of this Chapter is guilty of a misdemeanor. <br /> Subd. 2. Emergency cease and desist orders. When the City finds that any person has violated, <br /> or continues to violate any provision of this Chapter, or any order issued hereunder, or <br /> that the person's past violations are likely to recur, and that the person's violation(s) has <br /> (have) caused or contributed to an actual or threatened illicit discharge to the MS4 or <br /> waters of the state, which reasonably appears to present an imminent or substantial <br /> endangerment to the health or welfare of persons or to the environment, the City may <br /> issue an order to the violator directing it to immediately cease and desist all such <br /> violations. <br /> Subd. 3. Suspension due to the detection of illicit discharge. Any person discharging to the <br /> MS4 in violation of this Chapter may have their MS4 access terminated if such <br /> termination would abate or reduce an illicit discharge. Such suspension may also be <br /> imposed if it is necessary to stop an actual or threatened illicit discharge that presents or <br /> may present imminent and substantial danger. <br /> Subd. 4. Violations deemed a public nuisance. In addition to the enforcement processes and <br /> penalties provided in this Chapter, any condition caused or permitted to exist in violation <br /> of any of the provision of this Chapter is a threat to public health, safety, and welfare, and <br /> is declared and deemed a public nuisance, and may be summarily abated or restored at <br /> the violator's expense; and/or a civil action to abate, enjoin, or otherwise compel the <br /> cessation of such nuisance may be taken by the City. <br /> Subd. 5. Assessments. All costs and expenses, including attorney and consultant fees, incurred <br /> by the City in abating any public nuisance under this Chapter may be assessed against the <br /> premises at which the violation exists as a special assessment or a charge under <br /> - Minnesota Statutes, Municipal Code, or City Charter. <br /> 912.12: REMEDIES NOT EXCLUSIVE: The remedies listed in this Chapter are not <br /> exclusive of any other remedies available under any applicable federal, state, or local law and it <br /> is within the discretion of the City to seek cumulative remedies. The City may recover all <br /> attorneys' fees, court costs, and other expenses associated with enforcement of this Chapter, <br /> including sampling and monitoring expenses. <br /> 7/8 <br />