A. Enforcement Authority: Consistent with the most current state of Utah Department of Environmental Quality, UPDES storm water general permits which include: general storm water permit for construction activity connected with single lot housing projects; general permit for storm water discharges from construction activities; and general permit for discharges from small municipal separate storm sewer systems (MS4s), the city of St. George may detect, investigate, eliminate and enforce against non-storm water discharges, including illegal dumping, into the MS4. The city of St. George may apply escalating enforcement procedures as necessary for the severity of violation and the recalcitrance of the violator. The city of St. George may issue notices of violation, stop work orders, citations, and impose civil penalties. The city of St. George may also perform necessary maintenance or corrective actions it deems necessary at the expense of the owner/operator.
Non-storm water discharges to the MS4, including spills, illicit connections, illegal dumping, and sanitary sewer overflows into the storm sewer system, require ceasing the illicit discharge or otherwise eliminating the discharge or removal of such discharges.
The city may complete periodic inspections to ensure that the owner’s/operator’s chosen BMPs used to address the site storm water are performing adequately. If BMPs are not performing adequately, the city will have the owner/operator update the erosion and sediment control plan and the storm water pollution prevention plan. The city of St. George shall be given access to inspect storm water BMPs on private properties that discharge to the MS4.
1. Written Notice Of Violation: Whenever the city of St. George finds that any permittee or any other person discharging non-storm water has violated or is violating this chapter or a permit or order issued hereunder, the city may serve upon such person written notice of the violation. An explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city of St. George. 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.
2. Consent Orders: The city of St. George is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. The order may also include an order for civil penalties to be paid for the violations. Consent orders shall have the same force and effect as orders issued pursuant to subsections B3 and B4 of this section.
3. Compliance Order: When the city finds that any person has violated or continues to violate this chapter or a permit or order issued hereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures or devices be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including civil penalties for the violation(s), the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
4. Cease And Desist Orders: When the city finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the city may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
a. Comply forthwith;
b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge; and
c. Pay any civil penalties assessed for the violation(s).
C. Conflicting Standards: Whenever there is a conflict between any standard contained in this chapter and in the city of St. George storm water management program adopted by the city of St. George, the strictest standard shall prevail. (Ord. 2015-11-006, 11-19-2015; amd. Ord. 2019-04-001 § 2, 4-4-2019; Ord. 2020-01-003 § 2, 1-9-2020; Ord. 2020-08-004 §§ 1, 2, 8-6-2020)