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Admin Order 58-95-19-F (2)
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Admin Order 58-95-19-F (2)
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Last modified
6/5/2009 10:07:32 AM
Creation date
6/3/2009 10:08:53 AM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater
Document_Date
8/20/1995
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No
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contain a released substance, prevent further. dispersion of a released substance, <br />and/or prevent additional damage to life, property, and/or the environment. <br />F. Enforcement. <br />1. Abatement. If a discharge into the city stormwater system is occurring in violation <br />of Sections 6.010, 6.446, 6.805, and 6.810 of the Eugene Code, 1971, and the enforcement <br />officer finds that failure to act promptly will seriously prejudice the public health, welfare, or <br />environment, the enforcement officer may initiate abatement proceedings pursuant to Sections <br />6.005 to 6.115 of the Eugene Code, 1971, and may, at the same time, issue a Notice of Civil <br />Penalty, without issuing any prior orders to correct or attempting to secure voluntary compliance <br />or correction of the violation. <br />2. Cease and Desist Order. Upon finding a discharge is occurring in violation of the <br />Sections of the Eugene Code, 1971 referenced in paragraph C of this rule, the enforcement officer <br />may issue to the responsible person a cease and desist and/or stop work order, whichever is <br />applicable. The order need not require the cessation of all operations on the premises, only those <br />activities causing or contributing to the illegal/improper discharge. In addition to any other <br />penalties that may be imposed, failure to comply with the enforcement officer's order issued under <br />this subsection constitutes a violation of these rules and the provisions of Chapter 6 of the Eugene <br />Code, 1971 under which they are promulgated, punishable as set forth in Sections 6.990, 6.992, <br />and 6.995 of the Eugene Code, 1971. <br />3. ~ Administrative Civil Penalty. Following the procedures set forth in paragraphs D <br />and E of these rules, the enforcement officer may .impose an administrative civil penalty upon a <br />responsible person for violation of the provisions of the Eugene Code, 1971 set forth in pazagraph <br />C above. Failure to pay the administrative civil penalty within ten days after it becomes final <br />constitutes a violation of these rules and the Eugene Code,.1971. Each day thereafter that the <br />penalty remains unpaid shall constitute a separate violation. In addition to any other enforcement <br />mechanisms.. authorized by the Eugene Code, 1971, these rules, or federal or state law, the <br />enforcement officer may withhold issuance of requested licenses or permits, issue a stop work or <br />cease and desist order, or revoke or suspend any issued licenses or permits if the responsible <br />person fails or refuses to pay an administrative civil penalty imposed pursuant to these rules. If <br />the violation resulting in the imposition of the administrative civil penalty occurred on real <br />property and the penalty remains unpaid for a period of 30 days. or more after becoming fmal, the <br />full amount of the unpaid penalty and/or fine shall be assessed against the real property upon <br />which the violation occurred and entered as a lien in the docket of City liens. Notice of the <br />assessment and docketing shall be given to the responsible person at the time the assessment is <br />made. Interest at the rate prescribed by Section 2.022 of the Eugene Code, 1971 shall commence <br />on the date the lien is entered on the lien docket, and the lien shall be enforced in the same manner <br />as liens for street improvements. <br />Stormwater System Administrative Rule - 13 <br />
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