(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The City of Middleburg Heights shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4 consistent with the procedures and requirements set forth in the Cuyahoga County Board of Health's Illicit Discharge Detection and Elimination Manual.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The City of Middleburg Heights shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharge shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
(2) The City of Middleburg Heights 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 Middleburg Heights.
(3) The City of Middleburg Heights 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 Middleburg Heights to ensure their accuracy.
(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 Middleburg Heights 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 Middleburg Heights 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 Middleburg Heights is refused access to any part of the facility from which storm water is discharged, and the City of Middleburg Heights demonstrates probable cause to believe that there may be a violation of this regulation, 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 Middleburg Heights 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. 2008-16. Passed 2-26-08.)