Sec. 360.306. - Inspection by Director or authorized representative; notice; enforcement of compliance plans.

The Director is authorized, himself or by his authorized representative, to conduct periodic or other inspections with notice, consistent with Section 360.109 , of persons operating a facility under a compliance plan, for the purpose of ascertaining whether the person and the facility are complying with the compliance plan. In addition to any other enforcement proceeding under Part 4 of this Chapter, if the Director or his authorized representative determines that the person or the facility is not complying with the compliance plan, the Director or his authorized representative is authorized to issue a written notice by hand delivery, with receipt required, to the person in charge of the facility, specifying the facts and circumstances constituting the noncompliance, and may impose a civil fine of up to $500 for each occurrence of noncompliance. For purposes of this Section, each day, after receipt of written notice, during any part of which such noncompliance occurs shall constitute a separate offense. Civil fines shall not be imposed for causative factors beyond the person's control. The person shall have the burden of proving that the occurrence of noncompliance was caused by factors beyond the person's control and could not have been overcome by due diligence. (Ord. 88-117-123, § 4)