(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The Village of Moreland Hills 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, and institutional facilities for the sources of any suspect dry weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The Village of Moreland Hills 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 Village of Moreland Hills 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 Village of Moreland Hills.
(3) 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 Village of Moreland Hills and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.
(4) Unreasonable delays in allowing the Village of Moreland Hills access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this regulation.
(5) If the Village of Moreland Hills is refused access to any part of the facility from which storm water is discharged, and the Village of Moreland Hills 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 Village of Moreland Hills 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.
(6) The Village of Moreland Hills reserves the right to assess fees for negligence or undue costs due to non-cooperation from the property owner.
(Ord. 2012-44. Passed 5-9-12.)