(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The City of Mount Vernon shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4 in compliance with general permitting requirements of the OEPA for municipal separate storm sewer systems (MS4's).
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The City of Mount Vernon shall be permitted to enter and inspect facilities subject to this Chapter as often as may be necessary to determine compliance with this Chapter.
(2) The City of Mount Vernon 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 Mount Vernon.
(3) The City of Mount Vernon 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 equipment manufacturer 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 Mount Vernon 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 Mount Vernon access to a facility subject to this Chapter for the purposes of illicit discharge inspection is a violation of this Chapter.
(6) If the City of Mount Vernon is refused access to any part of the facility from which storm water is discharged, and the City of Mount Vernon 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 of Mount Vernon 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. 2014-06. Passed 4-28-14.)