Termination and Enforcement. The removal of, or failure to maintain the BMPs described in the above Project Scope may subject property to an enforcement action, which may include notices of violation, fines and cost recovery in the event that MSD maintains the BMPs. In the event of the occurrence of default, MSD shall provide the Property Owner written notice (by certified, first class, or overnight mail) of default, setting forth the nature of the default, and the time period for the Property Owner to correct said default. If the Property Owner fails or refuses to correct said default within this time period, MSD may institute enforcement procedures provided in the Wastewater / Stormwater Discharge Regulations. The BMPs described in the above Project Scope may only be removed and this agreement terminated if MSD written approval is given. MSD is under no obligation to maintain or repair BMPs, and this Agreement shall not be construed to impose such an obligation on MSD. The Property Owner shall reimburse MSD upon demand the costs incurred in the maintenance or repair of the BMPs. If the Property Owner fails to pay for the above expenses after 30 day written notice, the Property Owner authorizes MSD to collect said expenses from the Property Owner through appropriate legal action and the Property Owner shall be liable for the reasonable expenses of collection, court costs, and attorney fees.
Appears in 4 contracts
Samples: Stormwater Quality Maintenance Agreement, Stormwater Quality Maintenance Agreement, Stormwater Quality Maintenance Agreement
