923.08 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
   (a)   Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The City of Massillon 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 home 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 a result of these inspections.
   (b)   Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
      (1)   The City of Massillon shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
      (2)   The City of Massillon shall have the right to set up at facilities subject to this regulation such devices as are necessary to conduct monitoring and/or sampling of the facility’s storm water discharge, as determined by the City of Massillon.
      (3)   The City of Massillon 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 owner/operator to ensure their accuracy with certificates of said calibration provided to the City.
      (4)   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 of Massillon and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
      (5)   Unreasonable delays in allowing the City of Massillon access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
      (6)   If the City of Massillon is refused access to any part of the facility from which storm water is discharged, and the City of Massillon 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 regulation or any order issued hereunder, or to protect the public health, safety and welfare, the City of Massillon 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.
      (7)   Any costs associated with these inspections shall be assessed to the facility owner/operator.
         (Ord. 53-2008. Passed 3-17-08.)