§ 19-54. Liability for Expenses Caused by Violation.

(a) In an immediate danger to the public health or safety, the Director must notify the responsible party by the most expeditious means, and the party who was notified must remove the illegal discharge or pollutant by the time stated in the notice. If it is not so removed, the Department may remove, mitigate, and clean up any illegal discharge or pollutant. The cost of that removal, mitigation, and clean-up must be paid to the County by the person who did not remove, mitigate, and clean up the illegal discharge and pollutant, and is a debt due to the County. The cost of removal, mitigation, and clean-up is a lien upon all real property. The cost of removal, mitigation, and clean-up may be listed on the tax bill and may be collected in the manner of ordinary taxes. This Section does not restrict the Department from proceeding directly with alternative enforcement procedures under Section 19-53.

(b) If, after an inspection by the Department, the Director finds that a pollutant discharge poses an immediate hazard to the public health or safety or to the waters of the state in the County, the Director must take action necessary to abate the pollutant discharge, protect the public, and mitigate any damage that the pollutant discharge has caused to the affected waters. Any cost incurred in carrying out actions under this subsection must be paid by the owner under subsection (a).

(c) The Director may establish fees and charges necessary to administer and enforce this Article as provided in regulations adopted under method (3). (1994 L.M.C., ch. 31, § 1.)