§ 39.01.08. Enforcement of the wellhead protection plan.

(A)

Inspections.

(1)

The administering authority or his/her designee(s) is appointed to administer the wellhead protection plan described in this title. Subject to applicable provisions of law, the administering authority or his/her designee(s) bearing proper identification and following 24-hour notice to the owner or operator may enter any facility and adjoining grounds for purposes of making such inspections, except in emergency situations.

(2)

The facility operator or designee must accompany the inspector during the inspection to help ensure the accuracy of the inspection and the safety of the persons involved.

(3)

In the event of an emergency situation, the administering authority or his/her designee(s) shall have the right to immediate access to all facilities and adjoining grounds in order to protect the public health and safety.

(4)

The administering authority or his/her designee(s) may conduct unscheduled inspections of recreational areas and agricultural sites to check for compliance with BMPs and to determine that fertilizers, herbicides, pesticides, and fungicides are being used in correct amounts.

(5)

If the owner or operator refuses access or entry the administering authority or his/her designee shall apply to a court of competent jurisdiction with supporting affidavits for an appropriate warrant or other process to enter the property and adjoining grounds, and the owner or operator shall bear the costs of the court action.

(B)

Violations and penalties.

(1)

Any person found by the administrating authority or his/her designee to be in violation of any provision of this title or any order, requirement, rule or regulation issued under the authority of this title will be served with a written notice stating the nature of the violation and the potential penalties pursuant to this title. Any person, firm or corporation, violating any of the provisions of this title or any amendment or supplement thereto, shall be in violation and fined not more than $500.00. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues, shall be deemed a separate offense.

(2)

Notwithstanding the fine provisions of this title, the violator is responsible for costs of cleanup and remedial expenditures required to restore the site to its condition as it existed before the violation. The violator may be held responsible only for that contamination which the violator caused. The administering authority or his/her designee(s) is authorized to recover only those costs reasonably related to the violation.

(3)

Dumping of any regulated substances as referenced in Section 39.01.05(A) or prohibited materials associated with a prohibited land use, activity, or facility as referenced in Section 39.01.05(D) shall be remediated immediately and may be punishable by a fine of up to $10,000.00 each day of non-compliance shall be considered a separate offense.

(4)

Any person or entity found to have introduced contamination of any form into the wellhead protection area shall be in violation of this title and subject to a fine of up to $10,000.00. Each day of violation shall be considered a separate offense.

(5)

Any violation of the wellhead protection ordinance may result in a public notice of violation.

(C)

Severability. A finding by any court or other jurisdiction that any part or provision of these regulations is invalid shall not affect the validity of any other part or provision of these regulations which can be given effect without the invalid parts or provisions.

(Ord. No. 0-58-09, § I, 6-1-2009; Ord. No. 0-52-12, § IV, 5-7-2012; Ord. No. 0-56-16, § III, 5-23-2016)