(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The City hereby establishes authority to detect and require elimination of illicit discharges and illegal connections to the MS4. The program may include, but not be limited to, the mapping of the MS4, the routine monitoring 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 investigations.
(b) Verification of Residential, Commercial, Industrial, or Institutional Facility Compliance.
(1) The City shall be permitted to enter and investigate facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The City 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.
(3) The City shall have the right to require the facility owner/operator to install, at the owner/operator's expense, 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 to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be investigated and/or sampled shall be promptly removed by the facility's owner/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/operator.
(5) Unreasonable delays in allowing the City access to a facility subject to this regulation for the purposes of illicit discharge investigation is a violation of this regulation.
(6) If the City is refused access and there may be a violation of this regulation, or that there is a need to investigate and/or sample as part of a monitoring 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 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.
(Ord. 2007-40. Passed 11-12-07.)