§ 56.69 OVERSIGHT INSPECTIONS AND AUTHORITY.
   (A)   Owner-performed inspections and maintenance.
      (1)   Owner-performed inspections (self inspections) shall be performed by a qualified professional.
      (2)   Inspection and maintenance shall be performed at all stormwater quality BMPs on at least an annual basis and as otherwise determined in the long-term operation and maintenance agreement.
      (3)   All inspections shall be documented in written form and be made available to the city or submitted at the time interval specified in the approved long-term operation and maintenance agreement.
      (4)   Inspections shall be performed consistent with a visual maintenance checklist approved by the city if not defined in the long-term operation and maintenance agreement.
      (5)   Documentation of owner performed inspections and inspection findings shall be kept on site, if appropriate facilities are available.
      (6)   Documentation of owner performed inspections and inspection findings shall be made available within seven calendar days of a request by the city or designated representative. Failure to timely submit documentation, as requested, will be assumed to indicate that inspections were not performed and may result in corresponding enforcement procedures.
   (B)   Oversight inspections.
      (1)   The city, or the city's designated representative, has the authority to periodically inspect the stormwater quality BMPs. The city may make inspections of the site at its discretion and shall either approve the condition of the BMP or shall notify the permittee wherein the condition fails to comply with the long-term operation and maintenance agreement.
      (2)   The city or its designated representative's inspections and findings will be presented and reviewed with the permittee at the time of inspection (as available to site personnel) and be available in the city public records within seven normal business days.
      (3)   The city or its designated representative may identify any repairs, sediment/debris removal or replacement of all or portions of the stormwater quality BMP(s) necessary to comply with the objectives of this subchapter, long-term maintenance agreement.
      (4)   The city or its designated representative may develop and require the implementation of an action plan to prevent the premature BMP failure that exceeds the long-term operation and maintenance agreement provisions, but are necessary to prevent stormwater pollution from leaving the site; this may coincide with revisions to the long-term operation and maintenance agreement.
   (C)   Qualified professional registration and certification.
      (1)   A qualified professional is required to perform routine inspections and direct and/or supervise maintenance activities to ensure that the long-term operation and maintenance agreement provisions are being implemented properly.
      (2)   All qualified professionals performing inspections or overseeing maintenance activities under this subchapter shall be registered with the city prior to execution of those actions. All applicants shall file an application with the city. Applicants shall demonstrate knowledge of:
         (a)   Stormwater quality treatment practices;
         (b)   Operational standards;
         (c)   Cause and failure indicators; and
         (d)   Maintenance measures used to prevent and correct failures.
      (3)   Applicants who can demonstrate one or more of the following will be considered for registration:
         (a)   Professional engineer license in good standing in the State of Indiana with demonstrated experience in stormwater quality treatment management practices;
         (b)   Certified Professional in Stormwater Quality Control (CPSQC) in good standing;
         (c)   Similar certification of any other similar program in the State of Indiana or in the United States so long as that program requires the applicant to pass a written test; and
         (d)   Documentation demonstrating the above will be required by the city before registration is granted.
      (4)   Suspension and revocation. The city may suspend or revoke the registration of a qualified professional for activities not consistent with the policies and procedures identified in this subchapter. This may include registration suspension for submittal of false or misleading information or for repeated incompetence or negligent actions. The city shall issue a written warning and evaluate subsequent actions before suspending or revoking the registration;
      (5)   Appeals.
         (a)   The city shall give written notice to a qualified professional whose registration is subject to an action for suspension or revocation.
         (b)   The city shall provide the qualified professional an opportunity at an informal meeting with the city to demonstrate why no action is warranted.
         (c)   Any qualified professional whose registration is revoked or suspended may appeal that decision to the city's Stormwater Board.
      (6)   Reinstatement. A qualified professional whose registration has been suspended or revoked may apply for reinstatement upon completing the requirements established in this section after a period of at least one year.
(Ord. G-06-12, passed 4-20-2006)