(A) Inspection and sampling. To assure compliance with the standards outlined in § 2.187, the city may inspect and/or obtain storm water samples from storm water management facilities of any discharger to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the city’s properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling absent exigent circumstances. The city shall make a reasonable effort to provide the discharger with advance notice of such inspection and/or sampling. Unreasonable delays in allowing access to a discharger’s facility is a violation of this chapter. As a condition of the issuance of any permit in accordance with this chapter, a permittee is deemed to consent to the city’s exercise of its right to place on the discharger’s property the equipment or devices used for such sampling or inspection.
(B) Storm water monitoring facilities. A discharger of storm water runoff shall install and operate equipment or devices for the monitoring of storm water runoff, at its own expense, so as to provide for inspection, sampling, and flow measurement of each discharge to a water body or a storm water management facility, when directed in writing to do so by the city or its designee. The city may require a discharger to provide an operate such equipment and devices if it is necessary or appropriate for the inspection, sampling, and flow measurement of discharges in order to determine whether adverse effects from or as a result of such discharges may occur. All such equipment and devices for the inspection, sampling, and flow measurement of discharges shall be installed and maintained in accordance with applicable laws, ordinances, and regulations.
(C) Accidental discharges.
(1) Any discharger who accidently discharges into a water body any substance other than storm water or an exempted discharge shall immediately inform the city concerning the discharge. If such information is given orally, a written report concerning the discharge shall be filed with the city within five days. The written report shall specify:
(a) The composition of the discharge and the cause thereof;
(b) The exact date, time, and estimated volume of the discharge;
(c) All measures taken to date to clean up the accidental discharge, and all measures proposed to be taken to reduce and prevent any recurrence; and
(d) The name and telephone number of the person making the report and the name of a person who may be contacted for additional information on the matter.
(2) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief as a result of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of division (C)(1) above.
(D) Record keeping requirement. Any person subject to this chapter shall retain and preserve for no less than three years any and all books, drawings, plans, prints, documents, memoranda, reports, correspondence and records, including records on magnetic or electronic media an any and all summaries of such records, relating to monitoring, sampling, and chemical analysis of any discharge or storm water runoff from any property.
(Prior Code, § 2.184) (Ord. effective 1-18-2002; Ord. effective 4-29-2022)