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 Manatee County
 Code of Ordinances
 Chapter 2-20. MINING AND RECLAMATION
 Article VI. ENFORCEMENT

  § 2-20-64. Administrative enforcement procedures.  

Latest version.

  • (1)

    Noncompliance letter (NCL). The director may issue a noncompliance letter (NCL), via certified mail, to an applicant in cases where the violations are considered to be minor in nature. The NCL shall put the applicant on notice that there are deficiencies in performance. Such deficiencies may include, but shall not necessarily be limited to late filings of required reports.

    (2)

    Warning letter (WL). The director may issue a warning letter, via certified mail, in cases where the NCL has failed to result in the applicant's compliance with an outstanding issue. If an agreement between the department and the applicant is reached at this step, a consent order shall be executed between the department and the applicant.

    (3)

    Notice of violation (NOV). If the previous two (2) actions fail to result in compliance, or if the violation is deemed to pose a serious threat to the public health, safety or welfare or to the environment, the director may issue, via hand delivery or certified mail, a notice of violation to the applicant, and shall order corrective action. Written notification may be dispensed with in the event that circumstances establish that irreparable harm may occur if immediate action is not taken. However, the county shall make a reasonable attempt to notify the applicant by telephone or oral communication when immediate cessation of mining activity or corrective action is essential for the public health, safety and welfare.

    (4)

    Appeal. The applicant may request the board to review and withdraw a NOV not later than ten (10) days after receipt thereof. An appeal does not authorize the applicant to continue or recommence the noticed activities, nor does it stay the effect of the NOV.

    (5)

    Compliance. Compliance with a notice of violation shall be reported to the board by written confirmation of the director. Should the violation not be corrected, or if an appeal is unsuccessful or not filed within the prescribed time, the director shall recommend to the board suspension of the operating permit.

(Ord. No. 04-39, § VII(D), 11-2-04)