Agenda Packets - 2012/02/27 - Laserfiche WebLink

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7/8 Subd. 2. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural 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 storm water associated with industrial activity, to the maximum extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. 912.11: VIOLATIONS, ENFORCEMENT, AND PENALTIES: Subd. 1. Any person violating any provision of this Chapter is guilty of a misdemeanor. Subd. 2. Emergency cease and desist orders. When the City 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 violation(s) has (have) caused or contributed to an actual or threatened illicit discharge to the MS4 or waters of the state, which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City may issue an order to the violator directing it to immediately cease and desist all such violations. Subd. 3. Suspension due to the detection of illicit discharge. 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. Such suspension may also be imposed if it is necessary to stop an actual or threatened illicit discharge that presents or may present imminent and substantial danger. Subd. 4. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided in this Chapter, any condition caused or permitted to exist in violation of any of the provision of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a public 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 by the City. Subd. 5. Assessments. All costs and expenses, including attorney and consultant fees, incurred by the City in abating any public nuisance under this Chapter may be assessed against the premises at which the violation exists as a special assessment or a charge under Minnesota Statutes Chapter 429, Municipal Code, or City Charter. 912.12: 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 City to seek cumulative remedies. The City may recover all attorneys’ fees, court costs, and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.