A. Right to Inspect. Prior to commencing any regular monitoring inspection as herein below authorized, the authorized inspector shall obtain either the consent of the owner or occupant of the private property or shall obtain an administrative inspection warrant or criminal search warrant.
B. Entry to Inspect. The authorized inspector may enter private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain, or the storm drain system located within the jurisdiction of the city.
C. Exigent Conditions. If the city engineer has reasonable cause to believe that non-stormwater runoff is actively discharging from the property onto any public street, inlet, gutter, or any other storm drain system, the city engineer shall have the right to immediately enter and inspect said property, regardless of whether said property is occupied or unoccupied, and regardless of whether formal permission to inspect said property has been obtained in order to protect the public health, safety and welfare from imminent harm.
D. Compliance Assessments. The authorized inspector may inspect private property for the purpose of verifying compliance with this chapter, including but not limited to:
1. Identifying products produced, processes conducted, chemicals used, and materials stored on or contained within the property;
2. Identifying point(s) of discharge of all wastewater, process water systems, pollutants and prohibited runoff;
3. Investigating the natural slope at the location, including drainage patterns and manmade conveyance systems;
4. Establishing the location of all points of discharge from the private property, whether by surface runoff or through a storm drain system;
5. Locating any illicit connection or the source of prohibited discharge;
6. Evaluating compliance with any BMP or WQMP;
7. Evaluating compliance with any permit issued pursuant to this chapter; and
8. Investigating the condition of any legal nonconforming connection.
E. New BMPs. When a BMP is installed on private property as part of a project that requires a city permit or business license, in order to comply with this chapter, the property owner, occupant or operator shall provide the city access for inspection of BMPs to ensure that the BMP is working properly. This includes the right to enter the property without prior notice, as needed, when the city has a reasonable basis to believe that the BMP is not working properly, to enter for any follow-up inspections, or to enter when necessary for abatement of a nuisance or correction of a violation of this chapter.
F. Portable Equipment. For purposes of verifying compliance with this chapter, the authorized inspector may inspect any vehicle, truck, trailer, tank truck or other mobile equipment.
G. Records Review. The authorized inspector may inspect all records of the owner or occupant of private property relating to chemicals or processes presently or previously occurring on site, including material and/or chemical inventories, facilities maps, or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans, and any other record(s) relating to illicit connections, prohibited discharges, a legal nonconforming connection, operations or maintenance records related to compliance with a final WQMP or any other source of contribution or potential contribution of pollutants to the storm drain system.
H. Sample and Test. The authorized inspector may inspect, sample, and test any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm drain system. The authorized inspector may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection, or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The authorized inspector may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.
I. Monitoring. The authorized inspector may erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the storm drain system.
J. Test Results. Upon submission of a written request by the owner or occupant of the property subject to inspection, the city engineer shall provide copies of all monitoring and test results conducted at the owner or occupant's property.
K. Cost Recovery. When any city inspection, monitoring, laboratory testing or other action undertaken to enforce the provisions of this chapter or the NPDES permit or to comply with the requirements of the same, the city engineer shall collect a fee from the inspected or monitored person in an amount not greater than the costs to the city of the inspection and monitoring in an amount to be established by the city council for the recovery of such costs generally.
(Ord. 472 § 1, 2012)