(a) In no event shall any enforcement action be taken by any governing body against any person for an alleged violation of a local ordinance or resolution pertaining to storm water discharges into a separate storm sewer if any of the following occur:
(1) ADEM has issued a notice of violation with respect to the same alleged violation, and is proceeding with enforcement action;
(2) ADEM has issued an administrative order with respect to the same alleged violation, and is proceeding with enforcement action; or
(3) ADEM has commenced and is proceeding with enforcement action or has completed any other type of administrative or civil action with respect to the same alleged violation.
(b) Any determination or resolution with respect to an alleged violation made by ADEM shall be final, and such alleged violation shall not be the subject of any additional enforcement action by a governing body pursuant to this chapter or any ordinance or resolution adopted thereunder, provided that enforcement action may be pursued for continued or continuing violations.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 3 - Provisions Applicable to Counties and Municipal Corporations.
Chapter 89C - Storm Water Discharges Into Separate Storm Sewers.
Section 11-89C-1 - Legislative Findings and Intent.
Section 11-89C-2 - Definitions.
Section 11-89C-3 - Public Corporation - Procedure for Incorporation.
Section 11-89C-5 - Exemption of Public Corporation From Fees and Taxes.
Section 11-89C-6 - Member Governing Bodies Granted Power of Eminent Domain.
Section 11-89C-7 - Public Corporation to Be Nonprofit; Dissolution.
Section 11-89C-8 - Immunity of Corporation, Board Members, and Employees.
Section 11-89C-9 - Powers of Governing Bodies.
Section 11-89C-10 - Assessment, Collection, etc., of Fees, Charges, or Assessments.
Section 11-89C-12 - No Enforcement Action by Governing Body Where Adem Has Taken Certain Actions.
Section 11-89C-13 - Liberal Construction.
Section 11-89C-14 - Effect of Chapter on State Entities.
Section 11-89C-15 - Revision of Regulations and Permits; Compliance With 2014 Amendments.