ARTICLE II.  STORMWATER MANAGEMENT PROGRAM
PROCEDURES AND REQUIREMENTS

Sec. 23.3-26.  Violations of chapter--Generally.

(a) Any person who engages in or causes any regulated land-disturbing activity, without first submitting a stormwater management plan to the county and obtaining approval of the plan as prescribed by this chapter, shall be in violation of this chapter.

(b) Any person who violates any condition of any approved stormwater management plan or exceeds the scope of approval of any authorized activity or who fails to comply with any other provision of this chapter shall be in violation of this chapter.

(c)  Violations of section 14 of this chapter shall result in the following penalties:

     (1) A willful violation shall constitute a Class 1 misdemeanor. Each day that a continuing violation is maintained or permitted to remain shall constitute a separate offense.

     (2) Any person who, intentionally or otherwise, commits any of the acts prohibited by section 14 of this chapter shall be liable to the county for all costs of monitoring, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the storm sewer system.

     (3) Any person who, intentionally or otherwise, commits any of the acts prohibited by section 14 of this chapter shall be subject to a civil penalty in an amount not to exceed $1,000 for each day that a violation of this chapter continues. The court assessing such penalties may, at its discretion, order such penalties be paid into the treasury of the county for the purpose of abating, preventing, monitoring, or mitigating environmental pollution.

     (4) The county may bring legal action to enjoin a continuing violation and the existence of any other remedy, at law or in equity, shall be no defense to any such action.

     (5) The remedies set forth in this section shall be cumulative, not exclusive; and it shall not be a defense to any action, civil or criminal, that one or more remedies set forth herein has been sought or granted.

(Ord. No. 06-17, 7/18/06)

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