§ 36-27. Administrative remedies.

The enforcement remedies enumerated herein shall be applicable to all articles of this chapter.

(1)

Notice of alleged violation. Prior to the issuance of a notice of violation, the manager may order any person who causes or contributes, or may be a cause or contributor, to a violation of a of stormwater permit or order issued hereunder to show cause why a proposed enforcement action should not be taken. A notice of alleged violation shall be served on the person, specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the person show cause why this proposed enforcement should not be taken. The notice of alleged violation and notice of the meeting shall be served personally or by registered or certified mail, with return receipt, and postmarked at least ten business days prior to the hearing. Such notice may be served on any person, principal executive, general partner, corporate officer, or other person with apparent authority to receive such notice.

(2)

Notification of violation. Whenever the manager finds any permittee or person discharging stormwater, or other pollutants into the county MS4 or otherwise, has violated or is violating this chapter, conditions of a stormwater permit, or order issued hereunder, the manager or his agent may serve upon said user written notification of violation. This notice shall be served by personal service, or registered or certified mail with return receipt. Within ten days of the receipt date of this notice, the recipient of this notification of violation shall provide the manager with a written explanation of the violation. The response shall also include a plan for satisfactory correction and prevention thereof, to include specified required actions and milestones for their completion. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation. The manager shall render a response within 20 days. If county deems it necessary a complaint may be filed with the commissioner of the state department of environment and conservation pursuant to T.C.A. § 69-3-118.

(3)

Consent agreement. The manager is hereby empowered to enter into consent agreements, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such agreements shall include specific action to be taken by the permittee or person discharging stormwater to correct the noncompliance within a time period specified by the agreements. Consent agreements shall have the same force and effect as compliance orders issued pursuant to subsection (4) of this section.

(4)

Compliance order. When the manager finds that any person has violated or continues to violate this chapter or any order issued hereunder, he may issue an order to the violator directing that, following a specified time period, adequate structures and/or devices be installed or procedures implemented and properly operated or followed. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring and related management practices.

(5)

Cease and desist orders. When the manager finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder and such action or inaction has or may have the potential for immediate and significant adverse impact on the MS4 or the stormwater discharges to it, the manager may issue an order to cease and desist all such violations immediately and direct those persons in noncompliance to:

a.

Comply forthwith; or

b.

Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

Anyone receiving a cease and desist order that includes instruction to halt operations shall receive an expedited review and appeal of such order within two business days.

(Code 1992, § 30-65; Ord. No. 292, § 30-146, 12-6-2004)