The City of Lebanon has established a program to detect and eliminate illicit discharges and illicit connections to the MS4. This program includes the mapping of the MS4, including MS4 outfalls and receiving waters and household sewage treatment systems connected to the MS4, the routine inspection of storm water outfalls to the MS4, and a process to identify and eliminate any discovered illicit discharges.
(A) The City of Lebanon, or its designated agent, shall be permitted to enter and inspect facilities subject to this chapter as often as may be necessary to determine compliance with this chapter.
(B) The City of Lebanon, or its designated agent, 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 City of Lebanon.
(C) The City of Lebanon, or its designated agent, 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. All devices used to measure storm water flow and quality shall be calibrated by the City of Lebanon to ensure their accuracy.
(D) 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 or its designated agent and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(E) Unreasonable delays in allowing the city, or its designated agent, access to a facility subject to this chapter for the purposes of illicit discharge inspection is a violation of this chapter.
(F) If the city, or its designated agent, 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 and civil remedies, including but not limited to injunctive relief from any court of appropriate jurisdiction.
(Ord. 2022-031, passed 3-22-22)