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§ 35.0121   Inspection Requirements Mandated by Regional Water Quality Control Board, Santa Ana Region, Order No. R8-2010-0036 (NPDES Permit No. CAS618036) and the California State Water Resources Control Board, Order No. 2013-001-DWG (NPDES Permit No. CAS000004).
   (a)   The requirements of Subdivisions (a)(1) through (a)(4) are mandated by Regional Water Quality Control Board Order No. R8-2010-0036 (NPDES Permit No. CAS618036), Sections X and XI, and are applicable to all pertinent activities within the unincorporated geographical area denoted within said permit.
      (1)   Section X of NPDES Permit No. CAS618036 mandates the regular inspection of all commercial, industrial and municipal facilities. All commercial, industrial and municipal facilities within the unincorporated region of the County shall be inspected as provided in Section X of NPDES Permit No. CAS618036. As these inspections are performed by the County, and as set forth in § 16.0101 of the County Code, the County has established a schedule of fees for these services. The schedule of fees for these services is found in § 16.0225(d) of the County Code.
         (A)   The owner(s) and/or user(s) shall submit the applicable fees to the County for the regular periodic site inspection as listed in § 16.0225(d)(1)(A) of the County Code.
         (B)   Should follow-up site inspections by County representatives be required, the owner(s) and/or user(s) shall submit the applicable fees to the County as listed in § 16.0225(d)(1)(B) of the County Code. This fee shall apply for each and every follow-up site inspection event.
         (C)   Facilities which require inspection will be categorized based on the latest requirements of NPDES Permit No. CAS618036. All high-priority facilities shall be inspected at least once per year; all medium-priority facilities shall be inspected at least once every two years; and all low-priority facilities shall be inspected at least once during the term of NPDES Permit No. CAS618036.
      (2)   Section XI of NPDES Permit No. CAS618036 mandates that WQMP post-construction BMPs be inspected, prior to the rainy season, within three years after project completion and every three years thereafter. All projects that are within the unincorporated region of the County and are subject to the requirements of Section XI of NPDES Permit No. CAS618036 shall be inspected as provided in NPDES Permit No. CAS618036.
         (A)   The owner(s) and/or user(s) shall submit any applicable fees to the County for the regular periodic site inspection of the WQMP post-construction BMPs.
         (B)   Should follow-up site inspections by County representatives of WQMP post-construction BMPs be required, the owner(s) and/or user(s) shall submit any applicable fees to the County.
      (3)   For inspections required by NPDES Permit No. CAS618036, the authorized representative (with consent of the owner/user or occupant, or a warrant if required) may inspect a property or facility pursuant to § 35.0117. Such inspections may include the elements identified in § 35.0117, as well as:
         (A)   Investigating the source of any discharge to any public street, inlet, gutter, storm drain or the Storm Drain System located within the jurisdiction of the County;
         (B)   Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;
         (C)   Identifying points of discharge of all storm water, waste water, non-storm water, processed water systems and pollutants;
         (D)   Investigating the natural slope of the premises, including drainage patterns and manmade conveyance systems;
         (E)   Locating any illicit connection or illicit discharge;
         (F)   Investigating and inspecting a vehicle, truck, trailer, tank truck or other mobile equipment;
         (G)   Reviewing and inspecting all records of the owner(s) and/or user(s) and/or occupant(s) of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, construction/industrial activities storm water general permit or any other NPDES general permit, storm water pollution prevention plans, monitoring program plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the Storm Drain System;
         (H)   Inspecting, sampling, and testing any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contributions of pollutants to the Storm Drain System;
         (I)   Inspecting the integrity of all storm drain and sanitary sewer systems, any connections to other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys; taking photographs or videotapes, and making measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;
         (J)   Installing and maintaining surveillance and monitoring systems for the purpose of measuring any discharge or potential source of discharge to the Storm Drain System;
         (K)   Reviewing any records, reports, test results or other information required to enforce the provisions of this chapter; such review may include the necessity to photograph, videotape, or copy any applicable information;
         (L)   Evaluating compliance with this Chapter and/or the Clean Water Act and applicable State law, and all regulations thereto; and
         (M)   Field verification of post-construction BMPs as provided in Section XI of NPDES Permit No. CAS618036.
      (4)   The Authorized Enforcement Officer shall provide to the owner(s) and/or user(s) a written summary of the inspection denoting compliance or issues of non-compliance with this Chapter, a NPDES permit, applicable MS4 permit, or County permit. Should the Authorized Enforcement Officer denote issues of non-compliance, the Authorized Enforcement Officer shall also provide a written listing of corrective actions to be taken by the owner(s) and/or user(s) to bring the facility into compliance with this Chapter, a NPDES permit, applicable MS4 permit, or County permit, and a date by which such corrective actions shall be completed.
   (b)   The requirements of Subdivisions (b)(1) and (b)(2) are mandated by California State Water Resources Control Board Water Quality Order No. 2013-001-DWQ (NPDES Permit No. CAS000004), Section E.12, and are applicable to all pertinent activities within the unincorporated geographical area denoted within said permit.
      (1)   Section E.12 of NPDES Permit No. CAS000004 mandates that WQMP post-construction BMPs be inspected and self-certified by the owner(s) and/or user(s) and the results of said inspections and certification reported to the County on an annual basis. The County is mandated to then perform an assessment of each annual self-certification report. All projects that are within the unincorporated region of the County and are subject to the requirements of Section E.12 of NPDES Permit No. CAS000004 shall be inspected, certified and assessed as provided in NPDES Permit No. CAS000004. Should the County’s assessment determine that the annual report of the owner(s) and/or user(s) is insufficient, or if the owner(s) and/or user(s) fails to submit a report to the County, the County may, at its discretion, perform the required inspection and certification tasks. If the County determines that additional inspections are required to verify compliance with the requirements of Section E.12 of the NPDES Permit No. CAS000004, the County may, at its discretion, perform additional follow-up site inspections to verify compliance. The owner(s) and/or user(s) shall be responsible for the payment of any applicable fees for these services.
         (A)   The owner(s) and/or user(s) shall submit any applicable fees to the County for site inspection of WQMP post-construction BMPs performed by the County.
         (B)   Should follow-up site inspections by County representatives of WQMP post-construction BMPs be required, the owner(s) and/or user(s) shall submit any applicable fees to the County.
      (2)   For inspections required by NPDES Permit No. CAS000004, the authorized representative (with consent of the owner(s) and/or user(s) and/or occupant(s), or a warrant if required) may inspect a property or facility pursuant to § 35.0117. Such inspections may include the elements identified in § 35.0117, as well as:
         (A)   Investigating the source of any discharge to any public street, inlet, gutter, storm drain or the Storm Drain System located within the jurisdiction of the County;
         (B)   Identifying products produced, processes conducted, chemicals and materials used, stored or maintained on the subject premises;
         (C)   Identifying points of discharge of all storm water, waste water, non-storm water, processed water systems and pollutants;
         (D)   Investigating the natural slope of the premises, including drainage patterns and manmade conveyance systems;
         (E)   Locating any illicit connection or illicit discharge;
         (F)   Investigating and inspecting a vehicle, truck, trailer, tank truck or other mobile equipment;
         (G)   Reviewing and inspecting all records of the owner(s) and/or user(s) and/or occupant(s) of public or private property relating to chemicals or processes presently or previously stored or occurring on the property, including material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, construction/industrial activities storm water general permit or any other NPDES general permit, storm water pollution prevention plans, monitoring program plans, and any and all records relating to illicit connections, illicit discharges, or any other source of contribution or potential contribution of pollutants to the Storm Drain System;
         (H)   Inspecting, sampling, and testing any area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharges for the purpose of determining the potential for contributions of pollutants to the Storm Drain System;
         (I)   Inspecting the integrity of all storm drain and sanitary sewer systems, any connections to other pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys; taking photographs or videotapes, and making measurements, drawings or any other records reasonably necessary to document conditions as they exist on the premises;
         (J)   Reviewing any records, reports, test results or other information required to enforce the provisions of this Chapter; such review may include the necessity to photograph, videotape, or copy any applicable information;
         (K)   Evaluating compliance with this Chapter and/or the Clean Water Act and applicable State law, and all regulations thereto; and
         (L)   Field verification of post-construction BMPs as provided in Section E.12 of NPDES Permit No. CAS000004.
      (3)   The authorized representative shall provide to the owner(s) and/or user(s) a written summary of the inspection denoting compliance or issues of non-compliance with this Chapter, a NPDES permit, applicable MS4 permit, or County permit. Should the authorized representative denote issues of non-compliance, the authorized representative shall also provide a written listing of corrective actions to be taken by the owner(s) and/or user(s) to bring the facility into compliance with this Chapter, a NPDES permit, applicable MS4 permit, or a County permit, and a date by which such corrective actions shall be completed.
   (c)   In the event of a conflict between the requirements identified in other sections of this Chapter and this Section, the terms of this Section control.
(Ord. 3105, passed - -1986; Readopted by Ord. 3587, passed - -1994; Am. Ord. 4176, passed - -2012; Am. Ord. 4364, passed - -2019)