(A) Elimination of illicit discharges. Notwithstanding the requirements of this section herein, the Enforcement Agency of the city may require by written notice that a person responsible for an illicit discharge immediately, or by a specified date, discontinues the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illicit discharges.
(B) Monitoring of discharges. Upon written request to the person, the city shall have safe and easy access to the areas to be inspected and/or monitored. Temporary or permanent obstructions to safe and easy access to the site to be inspected and/or sampled shall be promptly removed by the owner at the written or oral request of the Enforcement Agency of the city. The city shall be provided access to all parts of the premises subject to this section for the purposes of inspection, monitoring, sampling and for the performance of other duties necessary to determine compliance with this section. The person responsible for any violation of this chapter with regard to illicit discharges shall be liable for expenses incurred by monitoring and analyses.
(1) The Enforcement Agency of the city has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(2) Unreasonable delays in allowing the city access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(C) Remediation. Any person responsible for illicit discharges and who fails to correct any prohibited condition or discontinue any prohibited activity at the order of the city, shall be liable to the city for expenses incurred in abating pollution. This may include expenses incurred in testing, measuring, sampling, collecting, removing, treating, and disposing of the polluting materials and preventing further noncompliance and/or illicit discharges.
(D) Accidental discharges.
(1) If an emergency response by governmental agencies is needed, the owner or operator should call 911 immediately to report the discharge. A written report must be provided to the city within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the city for good cause shown as determined by the city or its designee on a case-by-case basis, containing the following information:
(a) A description of the discharge including volumes and concentrations;
(b) The exact dates and times of discharge; and
(c) Steps being taken to eliminate and prevent recurrence of the discharge.
(2) The discharger shall take all reasonable steps to minimize any adverse impact to the MS4 or the Waters of the Commonwealth, including accelerated or additional monitoring necessary to determine the nature and impact of the discharge. It shall not be a defense, for the discharger in an enforcement action, to claim that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain storm water quality and minimize any adverse impact that the discharge may cause.
(E) Notification of spills, non-hazardous. In the event of a release of non-hazardous materials, said person shall notify the Enforcement Agency for the city in person, by phone, email, city’s website, or facsimile no later than 5:00 p.m. of the next business day. Notifications shall be confirmed by written notice addressed and mailed to the city within three business days of the notice.
(Ord. 2014-006, passed 10-13-14)