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8 <br /> PROTOCOL FOR TAKING ACTION AGAINST VIOLATORS OF <br /> THE MUNICIPALITY'S URBAN STORM WATER QUALITY <br /> MANAGEMENT AND DISCHARGE CONTROL <br /> QRDINANT <br /> The municipality will follow the enforcement provisions of the ordinance it adopts, similar to those <br /> set forth in Division V"Enforcement"of the Model Ordinance contained in this Appendix E. The <br /> municipality will determine what enforcement action is necessary and appropriate for each violation <br /> on a case-by-case basis, taking into consideration such things as prior history of violations and <br /> severity of pollution impact. The municipality will follow the phased approach to enforcement <br /> described below, including issuance of a warning or administrative action or legal action. The <br /> municipality will have the authority to initiate any enforcement action deemed appropriate for the <br /> violation. The municipality may modify the approach described below to avoid conflicts with other <br /> existing policies and requirements. <br /> It is the municipality's intention and expectation that fines or other penalties will be levied for first <br /> time violators, at the discretion of the municipality, and that as the norm the cost of clean up will be <br /> levied against the violator. It is also the municipality's intention that for ongoing or flagrant <br /> violators, fines will be mandatory <br /> 9 Warning. For first time, minor violations a warning will be given in either written or verbal <br /> form,with the intent of achieving voluntary compliance. A time frame to correct the identified <br /> problem will be specified based on the severity or complexity of the problem.First time <br /> warnings will generally be issued by field staff. <br /> �i Administrative Action. Similar to a warning except a more formal notice and a structured <br /> process. The notice will be in the form of a written Notice of Violation Ordering Compliance, <br /> Cease and Desist Order,Order to Abate,Notice to Clean, or any other similar notification <br /> outlined in the municipality's storm water ordinance that identifies a problem,requires <br /> correction or abatement but does not assess fines. A time frame to correct the identified problem <br /> will be specified based on the severity or complexity of the problem. The notice will clearly <br /> describe the required remedial measures to be taken, establish a time schedule for accomplishing <br /> these, a description of the penalties that will be assessed if the notice is not complied with, and <br /> the timeframe for appeal of the notice. <br /> 9 Administrative Action with Fine, Cost Recovery, and/or Compensatory Action. Same as <br /> above with the addition that fine(s)may be assessed administratively and/or the municipality's <br /> abatement costs are recovered. At the municipality s discretion in lieu of enforcement <br /> proceedings or penalties, alternative compensatory action, eg, storm drain stenciling, etc. may be <br /> imposed. <br /> 9 Legal Action.Includes any actions taken by the municipality that brings the facility into the <br /> court system(e.g., citation, court action, etc.)This enforcement protocol is based on the <br /> assumption that the municipality escalates the level of enforcement until compliance is achieved. <br /> An objective of the legal action will often include asking the court to impose daily financial <br /> penalties for each day the violation remains uncorrected. For intentional and flagrant violations <br /> the municipality may pursue criminal prosecution, under which each day of violation may <br /> constitute a separate offense, and cam result in fines and imprisonment. As part of the legal action <br /> the municipality may also seek to recover its costs of abatement of the violation when the <br /> E-13 <br />