§ 53.047. POWERS OF INSPECTION AND ENFORCEMENT.  


Latest version.
  • (A) The Town of Chandler Engineer, Storm Water Board, and Storm Water Coordinator will develop appropriate procedures for project site inspection, including protocols for use by project site inspectors and other authorized representatives of the Town of Chandler, who will visit project sites for the purpose of evaluating control measures and management practices, examining conditions or information relative to this subchapter, and making recommendations to ensure proper installation and maintenance of sufficient appropriate control measures and management practices at project sites regulated by this subchapter.
    (B) The inspection procedures developed by the Town of Chandler Engineer, Storm Water Department Manger, and Storm Water Board will prioritize, to the extent allowable by state law, project sites for inspection and enforcement based on nature and extent of construction activity, topography, and the characteristics of soils and receiving water quality.
    (C) The Town of Chandler Engineer, Storm Water Board members or Storm Water Department Manager may inspect any project site involved in construction activities regulated by this subchapter at reasonable times for the purpose of ascertaining the sufficient implementation and management of appropriate storm water quality measures, ECMs, and BMPs at the project site and for the purpose of enforcing compliance with this subchapter.
    (D) The Town of Chandler Engineer or Storm Water Department Manager will make recommendations to the project site owner, individual lot operator, or to the contractor, subcontractor, or other designated representative of the project site owner or the individual lot operator to correct or install appropriate control measures or management practices corresponding to or beyond those specified in the Storm Water Pollution Prevention Plan (SWP3) necessary to achieve compliance with this subchapter.
    (E) If after a specific or corrective recommendation from the Town of Chandler Engineer or Storm Water Department Manager to the project site operator, or the designated representative of the project site operator, the storm water quality measures, ECMs, and BMPs at a project site remain insufficiently and improperly installed or maintained, the Town of Chandler Engineer or Storm Water Department Manager will pursue enforcement in accordance with the penalty procedures in § 53.999 of this chapter.
    (F) All persons engaging in construction activities on a project site must comply with the Storm Water Pollution Prevention Plan (SWP3) for the project site, and with the requirements, provisions, and regulations of this subchapter.
    (G) The Town of Chandler Engineer or Storm Water Department Manager will investigate violations, alleged violations, and potential violations of this subchapter to determine which person or persons may be responsible for violations. The Town of Chandler Engineer or Storm Water Department Manager will, if appropriate, consider public records of ownership, building permits issued by local units of government, and other relevant information which may include site inspection records, SWP3s, NOIs, and other documents related to the facts and circumstances of a violation.
    (H) Any person or persons causing or contributing to a violation of any requirement, provision, or regulation of this subchapter shall be subject to enforcement and penalty under terms of this subchapter, and additionally under I.C. 13-14-10, I.C. 13-15-7, I.C. 13-30, and any other applicable state or federal law.
    (Ord. 2006-6, passed - -; Am. Ord. 2008-10, passed 11-17-2008) Penalty, see § 53.999