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(a) Prohibited acts:
<br />(1) It shall be unlawful for any person to put, or allow to be put, any process water, wastewater, filth,
<br />animal or vegetable matters, chips, shavings or any other substance in the stormwater system, or do
<br />any injury thereto, or in any manner pollute the stormwater system.
<br />(2) It shall be unlawful for any person to pour or discharge, or to permit to be poured or discharges, or to
<br />deposit, so that the same may be discharged, any petroleum, gasoline, oil waste, antifreeze, or other
<br />fluids from vehicles or motor vehicles or equipment into any stormwater system.
<br />(3) It shall be unlawful for any person to throw, place, or deposit, or caused to be thrown, placed, or
<br />deposited, in any gutter, ditch, storm drain or other drainage area in the city anything that impedes or
<br />interferes with the free flow of stormwater therein.
<br />(4) It shall be unlawful for any person to throw, place or deposit, or cause to be thrown, placed or
<br />deposited, in any gutter, ditch, storm drain or other drainage area in the city anything that impedes or
<br />interferes with the free flow of stormwater therein.
<br />(b) Penalty for violation: Unless otherwise specified, any person or entity who shall violate any of the provisions
<br />of this section, or any regulation promulgated pursuant to authority granted by this section, shall be guilty of
<br />a misdemeanor and shall be subject to a fine not exceeding $1,000.00 or up to 30 days imprisonment for
<br />each violation or by both fine and imprisonment. Any such person shall furthermore be liable for all damage,
<br />loss and/or expense suffered or incurred by the city as a result of such violation, and the city may elect to
<br />pursue either or both civil and criminal remedies.
<br />(c) Remediation and removal: In addition to any penalty imposed for a violation of subsections (a)(1) through (4)
<br />of this section, the court hearing the case may direct the person responsible for the discharge or deposit to
<br />remediate or remove the discharge or deposit, and each day's default in such remediation or removal shall
<br />constitute a violation of and a separate offense under this section.
<br />(d) The administrator and/or his designee, police officers, and fire marshals are hereby designated and
<br />authorized to enforce the provisions of this article.
<br />Section 11.1-22 Fees.
<br />(a) Applicant shall be required to pay the city's applicable land disturbance permit fees, site plan review fees,
<br />and site inspection fees.
<br />(b) All fees, including fees for permit issuance, modification or transfer or registration statements, and permit
<br />maintenance fees are provided in Appendix A and/or the City of Portsmouth Engineering Department's
<br />Schedule of Fees.
<br />Section 11.1-23 Severability.
<br />Each separate provision of this chapter is deemed independent of all other provisions herein so that if any
<br />provision or provisions of this chapter be declared invalid, all other provisions shall remain valid and enforceable.
<br />ARTICLE H. STORMWATER UTILITY FEE
<br />Section 11.1-41 Authority
<br />The city is authorized by the provisions of Code of Virginia § 15.2-100 et seq. and the Constitution of the
<br />Commonwealth of Virginia to construct, reconstruct, improve and extend the stormwater system; establish utility
<br />charges; and to issue bonds and other debts as needed to finance in whole or in part the costs of the system and to
<br />establish rents, fees, and charges for the services and facilities provided by the system.
<br />Section 11.1-42 Classification of properties.
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