(A) Establishment of an illicit discharge and illegal connection monitoring program. The city has established this program to detect and eliminate illicit discharges and illegal connections to the MS4, including 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 to determine compliance with this chapter.
(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 Health District.
(3) The city shall have the right to require the facility 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 owner/operator at the owner/operator’s expense.
(4) 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 city and shall not be replaced. The costs 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 is a violation of this chapter.
(6) If the city is refused access to any part of the facility from which storm water is discharged, and the city demonstrates probable cause to believe that there may be a violation of this chapter 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 chapter or any order issued hereunder, or to protect the public health, safety and welfare, the city 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, pollution source tracking, enforcement and abatement shall be assessed to the facility owner/operator.
(Prior Code, § 1043.08) (Ord. 2012-22, passed 11-27-2012)