943.09 TESTING OF STORMWATER DISCHARGES FOR PROPERTY EXEMPTED FROM THE STORMWATER USER FEES BY ACTION OF THE SUAB.
   (a)   The owner of property deemed exempt from the stormwater user fee, as established by Section 943.03, by action of the Stormwater Utility Appeals Board (SUAB), must provide a sample of piped stormwater discharge to the City Flood Plain Manager (FPM) semi-annually. The FPM shall cause said sample to be tested by a City approved laboratory for water quality, said test to include testing for BOD’s, heavy metals, suspended solids and COD’s. The cost of the testing will be charged to the property owner.
   (b)   Should the property owner not provide the sample required by this section, the FPM shall be permitted to enter and inspect properties under this section as often as may be necessary to determine compliance with this section.
      (1)   Property owners shall allow the FPM ready access to all parts of the property for purposes of inspection and the sampling of stormwater discharges.
      (2)   The FPM shall have the right to set up on said property, such devices as are necessary in his opinion to conduct monitoring and/or sampling of the storm water discharge.
      (3)   Any temporary or permanent obstruction to safe and easy access to the property to be inspected and/or sampled shall be promptly removed by the owner at the written request of the FPM and shall not be replaced. The cost of clearing such access shall borne by the owner.
      (4)   Unreasonable delay in allowing the FPM access to a property subject to this section is a violation of this section and is a misdemeanor of the first degree. Each day that access is not permitted shall be deemed a separate violation.
   (c)   This section only applies to property owners whose property is deemed exempt from the stormwater user fee as a result of action of the Stormwater Utility Appeals Board and does not apply to those properties exempt from the fee pursuant to Section 943.02 (h).
(Ord. 50-03. Passed 9-23-03.)