County can stop illegal stormwater discharges and order cleanup

Cease and Desist Order. Whenever the County Engineer finds that a discharge of stormwater or effluent or any pollutant is taking place or threatening to take place in violation of any ordinance, order, regulation, rule, or other law, the County Engineer may issue an order directing the property owner or discharger to cease and desist such discharges and directing the property owner or discharger to achieve compliance in accordance with a detailed time schedule of specific actions the property owner or discharger must take in order to correct or to prevent violations of this ordinance, regulation, order, rule or any other law. The County Engineer may order the revocation or suspension of any approvals. Any order issued by the County Engineer may require the property owner or discharger to provide information as the County Engineer deems necessary to explain the nature of the discharge. The County Engineer may require in any cease and desist order that the property owner or discharger pay to the County the costs of any inspection or monitoring which in the discretion of the County Engineer was necessary as a result of the violation.Cleanup and Abatement Orders.Any person who is in violation of this Article, regulations, order, rule, or any other law, shall upon the County Engineer's order and at the total expense of the property owner or discharger, clean up the discharge and do whatever is necessary or required by the County Engineer to abate the effects of the violation.The County Engineer may initiate any cleanup, abatement or remedial work required that the County Engineer deems necessary as a result of the magnitude of the violation or when necessary to prevent harm to public health or the environment. The County Engineer may take this action, notwithstanding that injunctive relief and his or her action may be in addition to any action taken by the property owner, discharger, or other persons.Any property owner, permit holder, or discharger violating this Article, regulations, order, rule or any other law shall be liable to the County for costs incurred in the cleanup, abatement, or remedial action undertaken by the County Engineer, including, but not limited to, administrative costs, inspection costs, attorney's fees, or such other liability imposed upon the County by other agencies, persons, or organizations, whether by way of court action, or settlement.Termination of Discharge. In addition to other remedies available and as provided in this Article, when the County Engineer determines, in his or her sole discretion, that the property owner or discharger has not or cannot demonstrate satisfactory progress toward compliance with the requirements of this Article, regulation, order, rule or other laws, the County Engineer, after providing written notice to the property owner or discharger by certified mail thirty (30) days in advance of any action, may sever or plug the connection from the property owner's or discharger's system to the County-owned storm drainage system.