All users shall implement Best Management Practices to minimize the contribution of pollutants to the public storm sewers to the maximum extent practicable. Best Management Practices means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of “waters of the United States.” BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
For the administration of this article, authorized representatives of the city shall be permitted ready access to a user's premises at any time a storm sewer user is in operation or has storm water discharge for purposes of inspection, observation, measurement, documentation, records examination and copying, sampling and testing. Where a user has security measures in force that require proper identification and clearance before entry onto the premises, the user shall make necessary arrangements with security personnel so that upon presentation of proper identification, personnel from the city, state department of natural resources and EPA will be permitted to enter without delay.
Upon discovery of a violation of these ordinances or a wastewater permit issued hereunder, the superintendent may serve a written notice of violation upon the user. The superintendent may require the user to submit an explanation of the violation and a plan for the satisfactory correction and prevention of the cause of the violation. Submission of an explanation or plan shall not relieve the user of any liability for prior or subsequent violations.
(a) The violation of any provision of chapter 41, except as otherwise provided in subsection (b), is a municipal civil infraction punishable by a fine of up to ten thousand dollars ($10,000.00) per violation, plus costs not exceeding five hundred dollars ($500.00) and other sanctions.
(b) The following violations of this chapter are a misdemeanor which shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days, or both, plus costs and other sanctions:
(1) Any person who at the time of a violation knew or should have known that a pollutant or substance was discharged contrary to any provision of this chapter, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the POTW under this chapter;
(2) Any person who intentionally makes a false statement, representation, or certification on an application for, or form pertaining to a permit, or in a notice, report, or record required by this chapter, or in any other correspondence or communication, written or oral, with the POTW regarding matters regulated by this chapter.