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Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the county prior to or as a condition of a subdivision, site plan, building permit or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
(A) Whenever the county has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the county or its agent shall have the right to enter the premises at any reasonable time to determine if the discharger is complying with all requirements of this chapter. The county or its agent shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If the facility has security measures in force that require proper identification and clearance before entry into its premises, the person in control of the premises shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. In the event that the owner or occupant refuses entry after a request to enter has been made, the county is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining the entry. If a discharge is observed which represents an immediate hazard to public health or safety, or aquatic life, the county, a department of law enforcement, a department of fire and rescue services, and any other agent of the county, may enter any property or structure, except a dwelling, as necessary to prevent or stop the hazard.
(B) The county shall have the right to set up on the property of any discharger to the municipal separate storm sewer system the devices that are necessary to conduct an investigation of the discharges. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing staff on alleged violations and access to any and all facilities or areas within the premises that may have any effect on the discharge.
(Ord. 2008-08, passed 5-5-2008)
Whenever the county finds a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system or other watercourses, the county may require, by written notice to the owner of the property and/or the responsible person, that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions hereof.
(Ord. 2008-08, passed 5-5-2008)
The county may require, by written notice of requirement, that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges and/or non-storm water discharges to the storm drain system or other watercourses, to undertake at the person's expense the monitoring and analyses and furnish the reports to the county as deemed necessary to determine compliance with this chapter.
(Ord. 2008-08, passed 5-5-2008)
The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of structural and non-structural BMPs. Further, any person responsible for premises, which are, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPP) or storm water management plan (SWMP) as necessary for compliance with requirements of the NPDES permit.
(Ord. 2008-08, passed 5-5-2008) Penalty, see § 53.99
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