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AO 58-11-09 Stormwater System
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AO 58-11-09 Stormwater System
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Last modified
9/28/2011 10:32:26 AM
Creation date
9/22/2011 3:00:01 PM
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PW_Exec
PW_Division_Exec
POS
PWA_Project_Area
Admin Orders
PW_Subject
Stormwater System Admin Rule Amendment
Document_Date
9/21/2011
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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 <br />violation of Sections 6.010, 6.446, 6.805, and 6.810 of the Eugene Code, 1971, and the <br />enforcement officer finds that failure to act promptly will seriously prejudice the public health, <br />welfare, or environment, the enforcement officer may initiate abatement proceedings pursuant to <br />Sections 6.005 to 6.115 of the Eugene Code, 1971, and may, at the same time, issue a Notice of <br />Civil Penalty, without issuing any prior orders to correct or attempting to secure voluntary <br />compliance or correction of the violation. <br />2. Cease and Desist and/or Stop Work Order Upon finding a discharge is occurring <br />in violation of the Sections of the Eugene Code, 1971 referenced in paragraph C of this rule, the <br />enforcement officer may issue to the responsible person a cease and desist and/or stop work <br />order, whichever is applicable. The order need not require the cessation of all operations on the <br />premises, only those activities causing or contributing to the illegal/improper discharge. In <br />addition to any other penalties that may be imposed, failure to comply with the enforcement <br />officer's order issued under this subsection constitutes a violation of these rules and the <br />provisions of Chapter 6 of the Eugene Code, 1971 under which they are promulgated, punishable <br />as set forth in Sections 6.990, 6.992, 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 <br />paragraph C above. Failure to pay the administrative civil penalty within ten days after it <br />becomes final constitutes a violation of these rules and the Eugene Code, 1971. Each day <br />thereafter that the penalty remains unpaid shall constitute a separate violation. In addition to any <br />other enforcement mechanisms authorized by the Eugene Code, 1971, these rules, or federal or <br />state law, the enforcement officer may withhold issuance of requested licenses or permits, issue a <br />stop work or cease and desist order, or revoke or suspend any issued licenses or permits if the <br />responsible person fails or refuses to pay an administrative civil penalty imposed pursuant to <br />these rules. If the violation resulting in the imposition of the administrative civil penalty <br />occurred on real property and the penalty remains unpaid for a period of 30 days or more after <br />becoming final, the full amount of the unpaid penalty and/or fine shall be assessed against the <br />real property upon which the violation occurred and entered as a lien in the docket of City liens. <br />Notice of the assessment and docketing shall be given to the responsible person at the time the <br />assessment is made. Interest at the rate prescribed by Section 2.022 of the Eugene Code, 1971 <br />shall commence on the date the lien is entered on the lien docket, and the lien shall be enforced <br />in the same manner as liens for street improvements. <br />4. Service of Notices /Orders All notices /orders shall be served by personal service <br />or sent by certified mail and first class mail. Any notice /order served by mail shall be deemed <br />received for purposes of any time computations hereunder, three days after the date mailed, if to <br />Administrative Order - Page 10 of 12 <br />
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