Notice of Violation.
(a) 
Whenever the Director finds that a responsible party has violated a prohibition or failed to meet a requirement of this Chapter, the Tulare County Resource Management Agency may order compliance by written notice of violation to the responsible party. Such notice may require without limitation:
1. 
The elimination of illicit connections or discharges;
2. 
That violating discharge, practices, or operations shall cease and desist;
3. 
The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
4. 
Payment of a fine to cover administrative and remediation costs;
5. 
The implementation of source control and/or treatment BMPs; and
6. 
The performance of monitoring, analysis, and reporting.
(b) 
If abatement of a violation and/or restoration of affected property are required as a result of a Notice of Violation, the violation(s) shall be abated pursuant to Chapter 1 (Public Nuisances) of Part IV of this Ordinance Code.
(c) 
The Director may recover all attorneys' fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.
(Added by Ord. No. 3438, effective 9-13-12)
(a) 
Construction Sites. Construction sites with inadequate erosion and sediment controls will be given verbal and written notice of the inadequacies, and will have no more than 24 hours (depending on severity) to comply with construction runoff control measures. No other site work will be allowed until corrections are made. Should the contractor not fulfill the requirements of this Chapter, the County will take adequate measures to implement sediment and erosion control BMPs, at owner's expense, as provided in Article 4 of this Chapter. Appeal processes provided in this Code shall not delay the corrections required to comply with this Chapter to prevent pollution of the storm drain system.
(b) 
Failure to Abate. If any such violation is not abated immediately as directed by the Director, the County of Tulare is authorized to abate pursuant to Chapter I (Public Nuisances) of Part IV of this Ordinance Code. Any expense related to such remediation undertaken by the County of Tulare shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent County from seeking other and further relief authorized under this Chapter.
(Added by Ord. No. 3438, effective 9-13-12)
It shall be unlawful for any responsible party to violate any provision or fail to comply with any of the requirements of this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors. Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety and welfare, and is declared and deemed a Code violation and public nuisance, and may be summarily abated or restored by the County at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be undertaken by the County. If a responsible party has violated or continues to violate the provisions of this Chapter, the Director may petition for a preliminary or permanent injunction restraining the responsible party from activities which would create further violations or compelling the responsible party to perform abatement or remediation of the violation.
(Added by Ord. No. 3438, effective 9-13-12)
In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the Tulare County Resource Management Agency may impose upon a responsible party alternative compensatory obligations, including but not limited to storm drain stenciling, attendance at compliance workshops, creek cleanup, or other actions deemed appropriate by the Director.
(Added by Ord. No. 3438, effective 9-13-12)
Any responsible party who violates any provision of this Chapter may also be in violation of the Clean Water Act (33 U.S.C. § 1251 et seq.), the Porter-Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), and any subsequent amendments, and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Chapter shall also include written notice to the responsible party of such potential liability.
(Added by Ord. No. 3438, effective 9-13-12)
Any responsible party who violates any provision of this Chapter is guilty of a misdemeanor, and may be subject to the payment of a fine, or imprisonment, or both, as set forth in Section 125 of the General Provisions of the County of Tulare Ordinance Code. Violators are also subject to administrative fines pursuant to Chapter 23 (Administrative Fines) of Part I of the this Ordinance Code, revocation of a business license pursuant to Part VI (Business Regulations and License) of this Ordinance Code, and/or prohibition from working within the County right-of-way for a period of two years for contractors working in the right-of-way.
(Added by Ord. No. 3438, effective 9-13-12)
Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.
(Added by Ord. No. 3438, effective 9-13-12)
Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter shall constitute a violation of such provision.
(Added by Ord. No. 3438, effective 9-13-12)
In addition to any other remedies provided in this Chapter, any violation of this Chapter may be enforced by civil action brought by the County. In any such action, the County may seek, and the court may grant, as appropriate, any or all of the following remedies:
(a) 
A temporary and/or permanent injunction;
(b) 
Assessment against the violator for the costs of any investigation, inspection, or monitoring survey, which led to the discovery of the violation, and for the reasonable costs incurred in preparing and prosecuting legal action as a result of violations of this Chapter;
(c) 
Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
(d) 
Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life;
(e) 
Such other relief as the court may authorize. Assessments under this subsection shall be paid to the County to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this Chapter.
(Added by Ord. No. 3438, effective 9-13-12)
In lieu of enforcement proceedings, penalties, and other remedies under the jurisdiction of the County and authorized by this Chapter, the Director may impose alternative compensatory actions with the consent of the violator, such as storm drain marking, attendance at compliance workshops, or creek cleanup participation.
(Added by Ord. No. 3438, effective 9-13-12)
The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Director to seek cumulative remedies.
(Added by Ord. No. 3438, effective 9-13-12)
The Director or any other person acting under the authorization of the Director, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and shall be relieved from all personal liability for any damage that may accrue to person or property as the result of or by reason of any act or omission occurring in the good faith discharge of such duties. Any suit brought against the Director or his or her agents or employees because of such act or omission performed in good faith in the enforcement of any provision of this Chapter, shall be defended by the County of Tulare.
(Added by Ord. No. 3438, effective 9-13-12)