1268.05   MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
   (a)   Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The Village Engineer 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 or any dry weather flows found as a result of these inspections.
   (b)   Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
      (1)   Upon reasonable belief of a violation of this chapter, the Village Engineer shall cause a notice to be delivered to the facility's owner requesting access to the facility.
      (2)   The Village, and its employees or agents, shall enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
      (3)   The Village, and its employees or agents, shall use such devices as are necessary to conduct monitoring, testing, or sampling of any facility's storm water discharge.
      (4)   The Village may require facility owners and/or operators to install monitoring equipment as necessary. Sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner and/or operator at the owner and/or operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the facility owner/operator with third party verification provided to the Village to ensure their accuracy.
      (5)   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 Village or its employees or agents, and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
      (6)   Unreasonable delays in allowing the Village, and its employees or agents, access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
      (7)   If the Village is refused access to any part of the facility from which storm water is discharged and the Village 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 Village 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.
      (8)   Any costs associated with these inspections shall be assessed to the facility owner/operator.
(Ord. 2014-119. Passed 2-11-15; Ord. 2017-31. Passed 5-10-17.)