The city will adopt requirements identifying BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide and bear the expense of reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premise which the city engineer determines to 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 municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this chapter. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
(a) Notice of violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city engineer may order compliance by sending written notice of the violation to the responsible person. Such notice may require, without limitation:
(1) The performance of monitoring, analyses and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and/or
(6) The implementation of source control or treatment BMPs.
(b) Deadline for remediation/restoration. If abatement of a violation and/or restoration of affected property shall be required, the notice shall set forth a deadline within which such remediation and/or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate and/or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.