§ 1041-27. Enforcement  


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  • (a) Compliance Orders.

    (1) Whenever on the basis of any information the Director of the Office of Environmental Quality determines that any person has violated or is in violation of the chapter, the Director may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both.

    (2) Any order issued pursuant to this section may include a revocation of any EJ permit issued under this chapter and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $15,000 per day of noncompliance. In assessing the penalty, the Director shall take into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements.

    (b) Hearing. Any order issued under this section shall become final upon the date of issuance unless, no later than 30 days after the order is issued, the person or persons named therein submits a written request to the Director that the Director conduct a hearing. No later than sixty days after receipt of such request, the Director shall conduct a hearing. In connection with any proceeding under this section, the Director may seek the issuance of subpoenas by city council for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. No later than 30 days after the conclusion of the hearing, the Director shall issue a revised order incorporating any relevant information obtained at the hearing, or shall rescind the previously issued order. A revised order shall become final upon the date of issuance.

    (c) Violations of Compliance Orders. If a violator fails to take corrective action within the time period specified in the compliance order, the Director may assess a civil penalty of not more than $15,000 for each day of continued noncompliance with the order and the Director may revoke any EJ permit issued to the violator. In the absence of appropriate corrective action, upon consultation with the Director, the City Solicitor may commence a civil action for appropriate relief, including a temporary or permanent injunction.

    (d) Criminal Penalties. Any person who knowingly violates the requirement of this chapter that he first obtain an EJ permit before operating a Proposed Project, or knowingly omits material information or makes any false material representation in an application under this chapter, commits a misdemeanor of the first degree and shall, upon conviction, be subject to a fine of not more than $1000.00 for each day of violation or imprisonment not to exceed 180 days, or both.

    (e) Imminent Danger to the Public. If, upon consultation with the Director, the City Solicitor finds that imminent danger to the public exists in relation to any apparent violation of this chapter, the City Solicitor may immediately commence a civil action for appropriate relief, including a temporary or permanent injunction.

(Ordained by Ord. No. 0210-2009, § 1, eff. July 24, 2009)