A. General. When a violation of this Title has occurred, as an enforcement option, the Director may enter into a Voluntary Compliance Agreement with the responsible party.
B. Contents. A Voluntary Compliance Agreement shall set forth the actions to be taken by the responsible party to correct violations of this Title. It may also set forth the actions to mitigate the impacts of violations. The agreement shall set forth a schedule for correction and completion of the mitigation.
C. Effect of Agreement.
1. A Voluntary Compliance Agreement is not enforceable by any third party. By entering into a Voluntary Compliance Agreement, the responsible party waives the right to an appeal under Section 10.70.060.
2. The Director may reduce or waive civil penalties if the responsible party performs all the terms of the Voluntary Compliance Agreement. The Director may not waive civil penalties in any case where the responsible party is a repeat violator. If the responsible party fails to perform according to the terms of the Voluntary Compliance Agreement, the Director shall assess civil penalties from the date the violation occurred for each violation addressed in the Agreement.
3. Subject to the approval of the Director, the responsible party may elect to substitute in-kind services for up to 90% of the amount of all assessed penalties. The Director shall determine the actions that can be deemed in-kind services.