§ 86A-9. Suspension of access to MS4.  


Latest version.
  • A. 
    The SMO may, without prior notice, suspend MS4 discharge access to a property owner when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the responsible party of such suspension within a reasonable time thereafter, in writing, of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize hazardous conditions which may adversely affect the health, safety, welfare, and property of Town residents and the general public.
    B. 
    Termination due to the detection of illicit discharge. Any property owner conveying a discharge to the Town's MS4 or private property in violation of this chapter may have his/her MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO within 15 calendar days for reconsideration and an abatement conference or hearing. The SMO may grant access if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A property owner commits an offense, punishable by fines, if the property owner reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SMO.