A. Inspection: Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this article has been or is being committed through illicit connection, illicit discharge or other means, or violation of the stormwater source control requirements, the director is authorized to inspect during regular working hours and at other reasonable times all public or private stormwater drainage systems within the city to determine compliance with the provisions of this article.
B. Procedures: Prior to making any inspections, the director shall present identification credentials, state the reason for the inspection and request entry.
1. If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
2. If after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
3. The director may inspect the stormwater drainage system without consent, if:
a. The inspection can be conducted while remaining on public property or other property on which permission to enter is obtained; or
b. A warrant has been lawfully issued.
C. Inspection Schedule: The director shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the city. Critical stormwater facilities may require a more frequent inspection schedule.
D. Inspection And Maintenance Records: As existing stormwater facilities or operational source control BMPs are encountered, they shall be added to the master inspection and maintenance schedule. For existing business or activities in Chapter 9-5A-9.J.1 Table 1 permitted prior to August 1, 2022, documentation shall be prepared and retained supporting the basis of the selected operational control BMPs required per Chapter 9-5A-9.J.3 OMC. Records of new stormwater facilities shall include the following:
1. As built plans and locations;
2. Findings of fact from any exemption granted by the local government;
3. Operation and maintenance requirements and records of inspections, maintenance actions and frequencies; and
4. Engineering reports, as appropriate.
E. Reporting Requirements: The director shall report annually to the utility committee of the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years.
F. Illicit Connections, Illicit Discharges, Or Stormwater Source Control Violations:
1. Access For Inspection: Access to the following shall be obtained by the city in accordance with the provisions of this section:
a. Areas known or thought to contain illicit connections or illicit discharges or activities contributing to illicit discharges or stormwater source control violations; and
b. Locations identified through the city’s illicit discharge detection and elimination program as documented in the stormwater management plan developed in accordance with the NPDES phase II permit.
c. Businesses or activities identified in 9-5A-9.J.1 OMC requiring stormwater source control BMPs.