(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The City shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls; the routine inspection of stormwater outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The City shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The City shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility's stormwater discharge, as determined by the City.
(3) The City shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure stormwater flow and quality shall be calibrated by the City to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the City and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(5) Unreasonable delays in allowing the City access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(6) If the City is refused access to any part of the facility from which stormwater is discharged, and the City demonstrates probable cause to believe that there may be a violation of this regulation, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the City may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(7) Upon confirmation of an illicit discharge from a facility by the City, any costs associated with the review of proposed remediation plans, inspecting the facility to determine compliance with this regulation, and monitoring and/or sampling of the facility's stormwater discharge, throughout the time period it takes to adequately resolve the illicit discharge, shall be assessed to the facility owner/operator.
(Ord. 77-15. Passed 7-13-15.)