§ 50-32. Notice of violation.

(a)

Whenever the Administrator determines that any person has violated this chapter, or that a violation may occur, the Administrator may provide a warning to the person responsible for the condition giving rise to such violation or potential violation. At the Administrator's discretion such warning may include the distribution of educational materials to assist in future compliance with this chapter. Issuance of a warning shall not be a requirement prior to using any enforcement provisions of this chapter.

(b)

Whenever the Administrator determines that a violation has occurred, or may occur, the Administrator may serve a Notice of Noncompliance to any person responsible for the violation or potential violation as specified in Chapter 41. Each Notice of Noncompliance may also contain the following information:

(1)

The date of the violation;

(2)

The address or a definite description of the location where the violation occurred;

(3)

The chapter section violated and a description of the violation;

(4)

A description of how the violation can be corrected;

(5)

A time limit by which the noncompliance shall be corrected;

(6)

A description of further enforcement and/or corrective actions to be taken by the County if noncompliance is not fully corrected by the time limit;

(7)

The name and signature of the individual preparing the Notice of Noncompliance; and

(8)

Notice of potential liability under the Clean Water Act or Porter-Cologne Water Quality Act.

(c)

In lieu of or following the procedures set forth in subsections (a) and (b) above, if the Administrator finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Administrator may order compliance by issuing a written notice of violation as specified in Chapter 41 to the responsible person. Such notice may also require without limitation the following:

(1)

The performance of monitoring, analyses, and reporting;

(2)

The elimination of illicit connections or discharges;

(3)

The violating discharges, practices, or operations shall cease and desist;

(4)

The abatement or remediation of stormwater pollution or contamination and the restoration of any affected property;

(5)

Payment of a fine to cover administrative and remediation costs; and

(6)

The implementation or maintenance of source control facilities or treatment BMP's.

(7)

Notice of potential liability under the Clean Water Act or the Porter-Cologne Water Quality Act.

(d)

If abatement for a violation and/or restoration of affected property is required, notices and deadlines for remediation or restoration shall be as specified in Chapter 41. Notices shall further advise that, should the violator fail to remedy or restore within the established deadline, the work will be done by the County or a contractor designated by the Administrator and the expense thereof shall be charged to the violator pursuant to Section 50-35 below.

(Ord. No. 3981, § 1 (part), 3-11-08)