(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The Health District has established this 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 household 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 the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The City of Munroe Falls, the Health District, and/or the City designee shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation. At least 72 hours prior to any entrance into any private residential, commercial, industrial and institutional facility for inspection, notice of the entrance and inspection shall be provided to the person(s) having actual control over the premises to be inspected. No entrance and inspection inside a private residential, commercial, industrial and institutional facility shall occur without an adult having actual control over the premises present during the inspection unless so waived in writing.
(2) The City of Munroe Falls, the Health District, and/or the City designee 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 Munroe Falls, the Health District, and/or the City designee.
(3) The City of Munroe Falls, the Health District, and/or the City designee 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 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 Munroe Falls, the Health District, and/or the City designee 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 Munroe Falls, the Health District, and/or the City designee access to a facility subject to this regulation for the purposes of illicit discharge inspection is a violation of this chapter.
(6) If the City of Munroe Falls, the Health District, and/or the City designee is refused access to any part of the facility from which storm water is discharged, and the City of Munroe Falls, the Health District, and/or the City designee 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 Munroe Falls, the Health District, and/or the City designee 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, pollution source tracking, enforcement and abatement shall be assessed to the facility owner/operator.
(Ord. 2019-02. Passed 2-5-19; Ord. 2022-11. Passed 12-6-22.)v