A. Inspections. The department shall be granted the right, under this chapter, to enforce the provisions of this chapter for the city of Midvale. An authorized officer of the city of Midvale or the PWS has the right to conduct inspections of facilities to determine compliance with this chapter. The authorized officer or the PWS shall inform the department and other city entities, as deemed appropriate, of the results of the inspection and whether violations were noted. The authorized officer of the city of Midvale shall enforce the provisions of this chapter without regard to whether the wells within the city of Midvale boundaries are owned by the city of Midvale. Noncompliance with the provisions of this chapter is a violation. If the facility is not complying with the requirements of this chapter, penalties (e.g., citations of noncompliance, orders to cease operations or administrative penalties) may be assessed. This chapter regulates businesses within the protection zones and primary and secondary recharge areas within the city.

B. Notice of Violations. Whenever it is determined that there is a violation of this chapter or the regulations promulgated pursuant hereto, the notice of violation shall:

If a potential contaminant source (PCS) is out of compliance with the provisions of this chapter, but does not pose an immediate threat to public health, then a written warning of violation may be issued within thirty days. The person has the opportunity to show a good faith effort to correct an unintentional violation within a reasonable amount of time. A cease and desist order shall be issued by the department if the PCS is found not to employ BMPs and there is an immediate threat to public health and safety or if the violation is not corrected within the time frame specified in a written warning previously issued to the PCS. In the event that the PCS fails to comply with a cease and desist order within the specified time period, the department has the authority to file a request for the department to initiate proceedings for issuance of penalties and other relief as necessary.

Any PCS or person found in violation of any provisions of this chapter will be served with a written notice stating the nature of the violation and providing a reasonable time frame for compliance. Violations of the provisions of this chapter constitute a misdemeanor, punishable as provided by law. In the event of a spill, leak or discharge of a regulated substance, the department, if he/she deems the activity to pose a real and present danger of contaminating surface or groundwater which would normally enter the public water supply, has the authority under this chapter to cause cessation of said activity or use of regulated substance, require administrative controls to mitigate said danger and/or cause the provision of pollution control and abatement activities. A facility is in violation of this chapter if use of regulated substances in a protection zone or primary or secondary recharge area exceeds twenty gallons or one hundred sixty pounds at any time. The total use of regulated substances may not exceed fifty gallons or four hundred pounds in any twelve-month period.

C. Appeals. Persons cited under the enforcement provisions of subsections (A) and (B) of this section shall be afforded a process for appealing the ruling of the department. If the appeal pertains to a written warning of violation requesting the PCS to correct an unintentional violation in a reasonable amount of time, the PCS can submit to the department a written statement demonstrating compliance or explaining a process for coming into compliance. This written response is required no later than thirty days from the date of issuance of the warning.

If the appeal pertains to a cease and desist order issued by the department, the PCS can submit a written appeal response no later than 10 days from the date of issuance of the order. The written appeal shall contain:

Upon receipt of the written appeal, the department shall be required to review the appeal within ten days of its receipt and respond to the PCS. If the department determines that the written response from the PCS is adequate and noncompliance issues are addressed, the PCS will be notified by mail and no further action is required. If the department determines that the appeals response is inadequate, the PCS may request a hearing before the department. This hearing shall be held within thirty days of receiving the cease and desist order and shall remain in effect until the hearing is conducted. (Ord. 2-17-98 § 8)