§ 1790-220. ENFORCEMENT ACTIONS

In addition to enforcement provisions of Chapter 1701, the following provisions shall be applicable to violations of this Chapter.

(a)

Whenever the Director determines that a violation has occurred, or may occur, the Director may serve a Notice of Noncompliance to any person responsible for the violation or potential violation. Issuance of a Notice of Noncompliance shall not be a requirement prior to using any other enforcement provision of this Chapter.

(b)

Each Notice of Noncompliance shall 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 Director finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Director may order compliance by issuing a written Notice of Violation to the responsible person. Such notice may 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.

(d)

If abatement for a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed.

(e)

In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the Director may impose upon a violator alternative compensatory actions, including but not limited to storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.