The Village of Indian Hill has established a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program includes the mapping of the MS4, including MS4 outfalls and household sewage treatment systems; the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, institutional, or semi-public property for potential illicit discharges.
(A) The Village of Indian Hill shall be permitted to enter and inspect properties subject to this regulation as often as may be necessary to determine compliance with this regulation.
(B) The Village of Indian Hill shall have the right to set up at properties subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the property's storm water discharge, as determined by the Village of Indian Hill.
(C) The Village of Indian Hill shall have the right to require the property 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 property owner/operator at the owner/operator's expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(D) Any temporary or permanent obstruction to safe and reasonable access to the property to be inspected and/or sampled shall be promptly removed by the property's owner/operator at the written or oral request of the Village of Indian Hill and shall not be replaced. The costs of clearing such access shall be borne by the property owner/operator.
(E) Unreasonable delays in allowing the Village of Indian Hill access to a property subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(F) If the Village of Indian Hill is refused access to any part of the property from which storm water is discharged, and the Village of Indian Hill 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 of Indian Hill 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.
(G) Any costs associated with these inspections shall be assessed to the respective property owner/operator.
(Ord. 12-20, passed 11-23-20)