§ 28-349. Enforcement, penalties and legal proceedings.

(a)

This article may be enforced by any method prescribed by law or ordinance. Violations of this article may be punished as described in the Hernando County Code of Ordinances, Chapter 2, Article III as amended from time to time. Each day any violation of any provision of this article continues shall constitute a separate offense, unless otherwise provided. Any authorized law enforcement officer, code enforcement officer, or department agent has authority to issue notices and citations for violations hereof.

(b)

In addition to any fines which may be imposed pursuant to this article, persons responsible for a discharge which adversely impacts a receiving water shall be liable for all sampling and analytical costs incurred in monitoring the discharge, any state or federal fines imposed as a result of the discharge and the cost of removing or properly treating the discharge for complete restoration of the quality of all receiving waters.

(c)

The county administrator is authorized to issue cease and desist orders in the form of written official notices sent by registered mail to the person(s) responsible for the violation. Specific activities and operations may be ordered to be ceased based upon the following conditions:

(1)

In a situation that may have a serious effect on the health, safety, or welfare of the public or the environment, including the operation of and quality of stormwater in the county's MS4.

(2)

When irreversible or irreparable harm may result, in the reasonable opinion of the county administrator, and immediate cessation of the activity is necessary to protect the public or the environment, including the operation of and quality of stormwater in the county's MS4.

If the person(s) so noticed fail to comply with any such order, the county has the right to take remedial action. The person(s) responsible for the illicit discharge or illicit connection shall reimburse all costs incurred by the county in taking such actions. Such reimbursement may be ordered in any appropriate enforcement proceedings under this article.

(d)

In addition to the remedies provided herein, the county is authorized to make application in a court of appropriate jurisdiction for an injunction restraining any person from violating, or continuing to violate, any provisions of this article. In addition, the county may also seek entry of a court order requiring restoration and mitigation for any impacted land or waters or request any other appropriate, applicable legal remedy, including reimbursement of court costs.

(e)

The county may elect any or all of the above remedies concurrently, and the pursuance of one shall not preclude the pursuance of another.

(Ord. No. 2006-10, § 8, 6-20-06)