917.08 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 household 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 to determine compliance with this chapter.

      (2)   The City shall have the right to establish at any facility subject to this chapter such devices as are necessary to conduct monitoring 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 owner or operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and property operating condition by the facility owner or operator at the owner or 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 or sampled shall be promptly removed by the facility's owner or 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 or 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 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 criminal remedies from any court of appropriate jurisdiction.

      (7)   Any costs associated with these inspections shall be assessed to the facility owner or operator.
(Ord. 28-13. Passed 10-21-2013.)