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A. Enforcement. It shall be unlawful to violate the provisions of this chapter. Enforcement of this chapter shall be governed by VMC Title 22.
B. Supplemental Enforcement Provisions for Water Resources Protection. In addition to civil and criminal enforcement as authorized under VMC Title 22, enforcement of this chapter may utilize the following authority:
1. The city council of the city of Vancouver finds that an operation not in compliance with the requirements of this chapter constitutes a public nuisance under Chapter 7.48 RCW, Nuisances.
2. The city may use field notes, observations, photo documentation, sample logs, analytical results or other information to define risk and to establish that an operation is in violation of this chapter.
3. The city may require the implementation of the operational source control BMPs, structural source control BMPS, or treatment BMPs through the provisions of this chapter. Implementation of remedies to meet compliance standards shall be performed on a timeline approved by the city.
4. The city may also require the operator to sample and analyze any discharge, surface and stormwater, groundwater and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the city. If the operator is required to complete this sampling and analysis, a copy of the analysis shall be provided to the city.
5. The city may impose additional requirements whenever documented specific circumstances (applicable to the operation) threaten water resources.
6. Notwithstanding any other provisions of this chapter, whenever it appears to the city that conditions regulated by this chapter require immediate action to protect the public health and/or safety, the city is authorized to enter such property for the purpose of inspecting and investigating such emergency conditions.
7. When necessary corrective actions are not undertaken as directed by the city, an owner, operator or contractor can be held liable for abatement costs to remedy noncompliance as set forth in VMC 14.20.010(D). (Ord. M-4372 § 9, 2022; Ord. M-4179 § 57, 2016; Ord. M-3920 § 4, 2009; Ord. M-3600, 2002)