A. 
Enforcement. The provisions of this chapter, together with any standards, requirements, manuals, and procedures promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, and all terms and conditions of any permit, authorization, control mechanism, directive, or compliance order issued under authority of this chapter, are subject to enforcement pursuant to and under authority of TMC Chapter 1.82, the Uniform Enforcement Code. The control authority is authorized to exercise all powers and authority granted pursuant to TMC Chapter 1.82, including by way of example and not limitation, the power to issue compliance orders, corrective action notices, and notices of violation, assess monetary penalties, approve voluntary correction agreements, and develop, promulgate, revise, and implement policies and procedures governing enforcement actions under TMC Chapter 1.82 and 12.08A. The Director is empowered to delegate enforcement authority under TMC Chapters 1.82 and 12.08A to such persons as may be determined by the Director. Any such power and authority authorized pursuant to TMC Chapter 1.82 is in addition to the power and authority granted pursuant to TMC Chapter 12.08A and any other applicable state or federal law or regulation.
B. 
Monetary penalties. The maximum monetary penalty that may be assessed for each violation per day or portion thereof, and each continuing day or portion thereof, shall not exceed $10,000. The maximum monetary penalties set forth at TMC § 1.82.050F are not applicable to violations of this Chapter. Monetary penalties shall be assessed in accordance with the most current version of the Stormwater Compliance Policy as promulgated by the Director pursuant to Chapter 12.08A TMC.
C. 
Compliance mandatory. Compliance with the requirements of this chapter is mandatory except as may be otherwise provided in this chapter. Except as otherwise provided herein, any act or omission by a responsible person in noncompliance with any duty, requirement, or obligation set forth in this chapter, or in any standard, regulation, manual, or procedure promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, or set forth in a term or condition of any permit, control mechanism, directive, or compliance order issued under authority of this chapter, shall constitute a violation of this chapter and is subject to enforcement by the control authority.
D. 
Violations. Violations of this chapter may include, by way of example, but are not limited to the following acts or omissions:
1. 
Discharging stormwater contaminated with any of the substances prohibited under TMC § 12.08D.110;
2. 
Failure to obtain any permit or authorization required by this chapter;
3. 
Failure to comply with any of the City’s stormwater program requirements in TMC § 12.08D.150, including, but not limited to applicable best management practices;
4. 
Misrepresenting, or intentionally failing to disclose, all relevant facts in a permit application, report, or other submittal required under this chapter;
5. 
Falsifying self-monitoring reports;
6. 
Tampering with monitoring equipment;
7. 
Unpermitted alterations to stormwater discharges that cause damage to any personal or real property, public health, or the environment;
8. 
The construction, use, maintenance, or continued existence of an illicit connection to the municipal stormwater system;
9. 
Unreasonably interfering with the control authority’s access and inspection authority; and
10. 
Violating any provision of this chapter, including the terms of a permit, order, authorization, or other control mechanism issued under the authority of this chapter.
E. 
Written instruments. Any person who shall knowingly and falsely make, complete, or alter a written instrument required to be submitted to the control authority pursuant to this chapter, or regulation, or procedure promulgated under this chapter, or a term or condition of any permit, control mechanism, directive, or compliance order issued under authority of this chapter, shall be guilty of a gross misdemeanor and subject to a fine of not more than $5,000 or by imprisonment in jail for up to three hundred sixty-five (365) days, or both. Proof of intent to defraud or injure is not required.
F. 
Supplemental charges. Responsible persons whose act or omission or participation in an act or omission, whether inside or outside the City, creates, causes, or allows a pollutant to be discharged into the municipal stormwater system in violation of this chapter, shall be liable to pay any supplemental charges the control authority incurs to respond to such violation. Any supplemental charges assessed shall become due and payable to the control authority within 30 days of receipt of such assessment. Persons wishing to appeal their assessment of supplemental charges may do so in accordance with TMC Chapter 12.08A.140. If supplemental charges are appealed and affirmed in whole or in part, such affirmed charges shall become due and payable within 30 calendar days of receipt of a final decision by the Hearing Examiner or a court. The control authority may pursue collection of non-payment of supplemental charges by any lawful means authorized, including referral to a collection agency. Assessment of supplemental charges shall be in addition to:
1. 
Any enforcement action authorized by this chapter to address a violation of TMC Chapter 12.08D;
2. 
Any cost recovery remedy available to the control authority under state and federal environmental laws and regulations; and
3. 
Any other remedy available at law or in equity to address a violation of TMC Chapter 12.08D.
G. 
Policies and procedures governing enforcement of violations of this chapter and assessment of monetary penalties are set forth in the Environmental Services Stormwater Compliance Policy. The Environmental Services Stormwater Compliance Policy, and all amendments thereto, shall be promulgated by the Director or Director’s designee, a copy of which shall be made available to the public pursuant to such requirements and procedures as are issued by the Director pursuant to TMC Chapter 12.08A to ensure public notice.
H. 
Any responsible person who willfully violates any provision of this chapter, or any permit, order, control mechanism, or other written authorization or directive issued by the City thereunder shall, upon conviction, be guilty of a gross misdemeanor punishable by a fine of not more than $10,000, or by imprisonment in jail for up to three hundred sixty-five (365) days, or both. Each day upon which a willful violation of this chapter, or any permit, order, control mechanism, or other written authorization or directive issued by the control authority thereunder occurs may be deemed a separate and additional violation.
I. 
The enforcement actions and authority authorized in this chapter are not exclusive and are supplemental to the enforcement actions and authority that may be available, or at law or in equity, which may include, but are not limited to, revoking, suspending, modifying, or terminating a user’s connection or discharge to the municipal stormwater system or receiving water within the City of Tacoma, if the City so chooses, or seeking injunctive relief. Enforcement of violations will generally be in accordance with TMC Chapter 1.82 and the Environmental Services Stormwater Compliance Policy.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
Suspension of service or discharge – Emergency. In addition to any other authority set forth in this chapter, the control authority may, pursuant to a stop-use order, immediately suspend special approved stormwater discharges or other stormwater discharges to the municipal stormwater system or other stormwater BMP/facility regulated under this chapter, whenever the control authority has reasonable cause to believe that an actual or threatened discharge, or other violation of this chapter, either:
1. 
Presents an imminent threat or substantial danger to the health or welfare of persons or the environment; or
2. 
Presents an imminent threat to, or does interfere with, the operation of the municipal stormwater system or other stormwater BMP/facility regulated under this chapter.
Depending on the emergent circumstances, the control authority may provide either verbal or written notice to suspend an actual or threatened discharge.
B. 
Suspension of service – Other violations. The control authority may, pursuant to a stop-use order, suspend special approved stormwater discharges or other stormwater discharges to the municipal stormwater system or other stormwater BMP/facility regulated under this chapter, where a discharge has been made in violation of this chapter, the municipal stormwater permit, or any authorization, control mechanism, directive, or compliance order issued under authority of this chapter.
C. 
Suspension of service – Access. Unreasonable refusal to allow control authority representatives to access a premises pursuant to TMC § 12.08D.300 (Right of entry) to determine compliance with this chapter may, pursuant to a stop-use order, result in the suspension of special approved stormwater discharges or other stormwater discharges at a premises.
D. 
The responsible person receiving a notice to suspend its discharge shall suspend discharging in accordance with the requirements contained in the notice. If the responsible person fails to immediately comply with the terms of a notice to suspend an actual or threatened discharge, the control authority may take steps it deems reasonably necessary to protect the health and welfare of persons, the environment, or the municipal stormwater system or other stormwater BMP/facility. As a condition of allowing discharges to recommence, the control authority may require the responsible person to submit a written statement describing the corrective action it has implemented to prevent discharges that presented an imminent danger or threat to the health and welfare of persons or the environment, or threaten to interfere with the operation of the municipal stormwater system.
(Ord. 28761 Ex. D, 2021-05-25)
It is unlawful to make or cause to be made or to maintain any connection with the municipal stormwater system, or with any stormwater BMP/facility that is connected directly or indirectly with the municipal stormwater system, without written authorization from the control authority. Violation is a misdemeanor punishable by a fine of not more than $1,000, or by imprisonment in jail for not more than 90 days, or by both such fine and imprisonment.
(Ord. 28761 Ex. D, 2021-05-25)