(B) The city shall not be responsible for the direct or indirect consequences to persons or property of an illicit discharge or circumstances which may cause an illicit discharge, undetected by the city.
(C) Every responsible party has an absolute duty to monitor conditions on property owned or controlled by them, to prevent all illicit discharges and to report to the enforcement officer illicit discharges, which the responsible party knows or should have known to have occurred. Failure to comply with any provision of §§ 53.11 through 53.18 is a violation of those sections.
(1) Notwithstanding other requirements of law, as soon as any responsible party has information of any known or suspected illicit discharge, the responsible party shall immediately take all necessary steps to ensure the discovery, containment and cleanup of the discharge at the responsible party’s sole cost.
(2) If the illicit discharge consists of hazardous materials, the responsible party shall also immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(3) If the illicit discharge emanates from a commercial or industrial establishment, the owner or operator of the establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Records shall be retained for at least three years.
(4) A report of an illicit discharge shall be made in person or by phone or facsimile or email to the enforcement officer immediately but in any event within 24 hours of the illicit discharge.
(D) Any person or entity shall also report to the city any illicit discharge or circumstances which the person or entity reasonably believes pose a risk of an illicit discharge.
(E) Upon receiving a report pursuant to the previous divisions, or otherwise coming into possession of information indicating an actual or imminent illicit discharge, the enforcement officer shall conduct an inspection of the site as soon as reasonably possible and thereafter shall provide to the responsible party, and any third party reporter, a written report of the conditions which may cause or which have already caused an illicit discharge. The responsible party shall immediately commence corrective action or remediation and shall complete the corrective action or remediation within 24 hours.
(F) The enforcement officer shall be permitted to enter and inspect property subject to regulation under this section as often as is necessary to determine compliance with this section. If a responsible party has security measures that require identification and clearance before entry to its property or premises, the responsible party shall make the necessary arrangements to allow access by the enforcement officer. By way of specification but not limitation:
(1) A responsible party shall allow the enforcement officer ready access to all parts of the property for purposes of inspection, sampling, examination and copying of records related to a suspected, actual or imminent illicit discharge, and for the performance of any additional duties as defined by state and federal law;
(2) The enforcement officer shall have the right to set up on any property the devices as are necessary in the opinion of the enforcement officer to conduct monitoring and/or sampling related to a suspected, actual or imminent illicit discharge;
(3) The enforcement officer shall have the right to require any responsible party at responsible party’s sole expense to install monitoring equipment and deliver monitoring data or reports to the enforcement officer as the enforcement officer directs. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the responsible party at responsible party’s sole expense. All devices shall be calibrated to ensure their accuracy;
(4) Any temporary or permanent obstruction to safe and easy access to property to be inspected and/or sampled shall be promptly removed by the responsible party at the written or oral order of the enforcement officer and shall not be replaced. The costs of clearing the access shall be borne by the responsible party;
(6) If the enforcement officer has been refused access to any part of the property from an illicit connection and/or illicit discharge to a municipal storm sewer is occurring, suspected or imminent, and is able to demonstrate probable cause to believe that there may be a violation of §§ 53.11 through 53.18, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with §§ 53.11 through 53.18 or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the enforcement officer may seek issuance of a search warrant from any court of competent jurisdiction.
(G) If it is determined that an illicit discharge is imminent or has occurred, the actual administrative costs incurred by the city in the enforcement of §§ 53.11 through 53.18 shall be recovered from the responsible party. The enforcement officer shall submit an invoice to the responsible party reflecting the actual costs and wages and expenses incurred by the city for the enforcement activities undertaken. Failure to pay charges invoiced under §§ 53.11 through 53.18 within 30 days of billing shall constitute a violation of §§ 53.11 through 53.18.
(Ord. 2320, passed 3-14-2006; Ord. 2543, passed 9-27-2016) Penalty, see § 53.99