(A) Inspections and record keeping.
(1) Applicant responsibilities. The Applicant is responsible for inspections and record keeping during and after construction for all privately-owned Stormwater treatment practices on the site.
(2) City inspections. The city reserves the right to conduct inspections on a regular basis to ensure that both temporary and permanent Stormwater management and Erosion and Sediment Control measures are properly installed and maintained prior to construction, during construction, and at the completion of the project.
(B) Right of entry and inspection. Powers: the issuance of a permit constitutes a right-of-entry for the city or its authorized representative to enter upon the construction site. The Applicant shall allow the city and its authorized representatives, upon presentation of credentials, to:
(1) Enter upon the permitted site for the purpose of obtaining information, examining records, and conducting investigations or surveys;
(2) Bring such equipment upon the permitted Development as is necessary to conduct such surveys and investigations;
(3) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit;
(4) Inspect the Stormwater pollution control measures;
(5) Sample and monitor any items or activities pertaining to Stormwater pollution control measures; and
(6) Correct deficiencies in Stormwater and Erosion and Sediment Control measures.
(C) Fees. Fees will be in accordance with the current city fee schedule, as amended.
(D) Enforcement tools/stop work orders. The city reserves the right to issue construction stop work orders when cooperation with inspections is withheld or when a violation has been identified that needs immediate attention to protect human health and/or the environment.
(1) Construction stop work order. The city may issue construction stop work orders until Stormwater management measures meet specifications and the Applicant repairs any damage caused by Stormwater runoff. An inspection by the city must follow before the construction project work can resume.
(2) Other actions to ensure compliance. The city can take any combination of the following actions in the event of a failure by Applicant to meet the terms of this subchapter:
(a) Withhold inspections or issuance of certificates or approvals.
(b) Revoke any permit issued by the city to the Applicant.
(c) Conduct remedial or corrective action on the Development site or adjacent site affected by the failure.
(d) Charge Applicant for all costs associated with correcting the failure or remediating damage from the failure; if payment is not made within thirty days, payment will be made from the Applicant's financial securities.
(e) Bring other actions against the Applicant to recover costs of remediation or meeting the terms of this subchapter.
(f) Any person, firm or corporation failing to comply with or violating any of these regulation, shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both in accordance with Minnesota Statute 609.02 Subd. 3 as it may be amended from time to time; and the cost of prosecution may be added pursuant to Minn. Stat. §631.48. Each day that a separate violation exists shall constitute a separate offense.
(E) Long term inspection and maintenance of Stormwater facilities.
(1) Private Stormwater facilities.
(a) Maintenance plan required. No private Stormwater facilities may be approved unless a maintenance agreement is provided that defines who will conduct the maintenance, the type of maintenance necessary to ensure effective performance, and the maintenance intervals. All private Stormwater facilities shall be inspected by the property Owner and maintained in proper condition by the Owner consistent with the performance goals for which they were originally designed.
(b) Facility access. The Applicant shall obtain all necessary easements or other property interests to allow access to the facilities for inspection or maintenance for both the responsible party and the city or authorized representative.
(c) Removal of settled materials. All settled materials, including settled solids, shall be removed from ponds, sumps, grit chambers, and other devices as necessary and disposed of properly.
(d) Inspections. All Stormwater facilities within the city shall be inspected by the property Owner at a frequency consistent with the maintenance plan. Inspection reports shall be provided to the city upon request.
(2) Public Stormwater facilities.
(a) Acceptance of publicly owned facilities. Before work under the permit is deemed complete; the Permittee must submit as-builts and a maintenance plan demonstrating at the time of final stabilization that the Stormwater facilities conform to design specifications. A final inspection shall be required before the city accepts Ownership of the Stormwater facilities.
(b) Maintenance. The city shall perform maintenance of publicly owned Stormwater facilities in accordance with their comprehensive Stormwater management plan and other regulatory requirements.