§ 44-257. Remedies and penalties of enforcement.

(a)

Permit denial: An application for a county permit or renewal thereof hereunder may be denied by the county manager or his designee if the prospective county permittee fails to comply with any of the requirements of sections 44-296 through 44-304, above or if a material violation exists of any provision of this article.

(b)

Permit revocation: The county permit shall be revoked by the county manager or his designee for any material violation of this article or for false representations made in securing a permit hereunder. A county permit does not allow a county permittee to land apply sludge or septage in violation of any applicable state and/or federal law, rule, regulation or permit requirement. The county manager or his designee may revoke the county permit by notifying the county permittee holder in writing and stating the reason for revocation. any county permittee whose permit is denied or revoked may appeal said denial or revocation to the full board of commissioners.

(c)

Civil penalty: Violation of this article subjects a violator to a civil penalty in the amount of $100.00. The county manager or his designee may impose a civil penalty by giving the violator a written citation either in person or by registered mail, return receipt requested. The citation shall describe the nature of the violation, specify the amount of the civil penalty being imposed, and inform the violator to pay the civil penalty or correct the violation or both within the time limit. Any order to correct a violation shall specify a reasonable time period in which the violation may be brought into compliance (the "compliance period") and no additional penalties shall be assessed until the compliance period has expired. The county may institute a civil action in the nature of a debt collection in a court of competent jurisdiction to recover any civil penalty assessed hereunder.

Each violation and each day that a violation continues after the expiration of the compliance period shall be considered a separate offense for the purposes of the civil penalty specified in this section.

(d)

Injunction and abatement order: The county manager or his designee may institute an action in a court of competent jurisdiction for mandatory or prohibitory injunction and order of abatement commanding the violator to correct or cease the violation of this article.

(e)

Other equitable relief: In addition to the above remedies and penalties, the county may institute any other appropriate equitable action or proceeding in a court of competent jurisdiction to prevent, correct or abate a violation of this chapter.

(f)

Attorney fees: If it is necessary to institute a civil or equitable action under this section, attorneys fees incurred by the county shall be taxed to the defendant as an additional civil penalty hereunder if the county is the prevailing party.

(g)

Primacy of state and federal law: Nothing herein shall be read to allow the county to impose civil penalties or initiate a civil action for the violation of a federal or state law, rule, regulation or permit requirement except to the extent specifically authorized by state or federal law or an agreement with state or federal authorities.

(Ord. of 10-6-2003, § 17)