1114.13 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.

   (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 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 City shall be permitted to enter and inspect facilities subject to this Chapter as often as may be necessary, at reasonable times and upon reasonable notice to the Owner/Operator, to determine compliance with this Chapter. This right of entry shall be subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the City is authorized to pursue recourse as provided by law including, but not limited to, seeking an administrative search warrant, injunctive relief and/or criminal remedies.

      (2)    The City shall have the right to set up at facilities subject to this Chapter such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the City.

      (3)    The City shall have the right to require the facility's Owner/Operator to install sampling and/or monitoring equipment as the City deems necessary. This sampling and/or monitoring equipment shall be maintained at all times in safe and proper operating condition by the Owner/Operator at the Owner/Operator's expense. All devices used to measure storm water 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 monitored 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 cost 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 Chapter for the purposes of illicit discharge inspection may be a violation of this Chapter.

      (6)    Any costs associated with these inspections shall be assessed to the facility Owner/Operator. If such costs are not paid within thirty (30) days of the date of the invoice sent to the Owner/Operator, the City may cause a lien to be placed upon the property of the facility.

         (Ord. 48-21. Passed 12-6-21.)