(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The City of Bedford 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 and home sewage treatment systems; the routine inspection of storm water 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 responsible official shall be permitted to enter and inspect facilities and/or premises subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The responsible official shall have the right to set up at facilities and/or premises subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility’s and/or premises’ storm water discharge, as determined by the responsible official.
(3) The responsible official shall have the right to require the facility and/or premises 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 and/or premises owner/operator at the owner/operators’ expense. All devices used to measure storm water flow and quality shall be calibrated by the responsible official to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility and/or premises to be inspected and/or sampled shall be promptly removed by the facility’s and/or premises’ owner/operator at the written or oral request of the responsible official and shall not be replaced. The costs of clearing such access shall be borne by the facility and/or premises owner/operator.
(5) Unreasonable delays in allowing the responsible official access to a facility and/or premises subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(6) If the responsible official is refused access to any part of the facility and/or premises from which storm water is discharged, and the responsible official 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 responsible official 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) Any costs associated with these inspections shall be assessed to the facility and/or premises owner/operator.
(Ord. 8046-08. Passed 3-3-08.)