(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The Village of Silver Lake shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This program shall include the mapping of the MS4, including MS4 outfalls and home sewage treatment systems; the routine inspection of stormwater outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial, and institutional facilities for the sources of any dry weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial, or Institutional Facilities.
(1) The Village of Silver Lake shall be permitted to enter and inspect facilities subject to this regulation as often as may be necessary to determine compliance with this regulation.
(2) The Village of Silver Lake shall have the right to set up at facilities subject to this regulation necessary devices to conduct monitoring and/or sampling of the facility's stormwater discharge, as determined by the Village of Silver Lake.
(3) The Village of Silver Lake shall have the right to require the facility owner/operator to install monitoring equipment as necessary. This sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the facility owner/operator at the owner/operator's expense. All devices used to measure stormwater flow and quality shall be calibrated by the Village of Silver Lake to ensure accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or sampled shall be promptly removed by the facility's owner/operator at the written or oral request of the Village of Silver Lake and shall not be replaced. The facility owner/operator shall bear the costs of clearing such access.
(5) Unreasonable delays in allowing the Village of Silver Lake access to a facility subject to this regulation for illicit discharge inspection violate this regulation.
(6) If the Village of Silver Lake is refused access to any part of the facility from which stormwater is discharged, and the Village of Silver Lake demonstrates probable cause to believe that there may be a violation of this regulation or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this regulation or any order issued hereunder, or to protect the public health, safety, and welfare, the Village of Silver Lake may seek issuance of a search warrant, civil remedies including but not limited to injunctive relief, and/or criminal remedies from any court of appropriate jurisdiction.
(7) Prior to the transfer of the deed of property containing commercial, industrial, or institutional structures, the owner or operator shall request a certificate of compliance from the Village of Silver Lake, remit the cost of obtaining the certificate to the Village of Silver Lake, and correct any violations discovered within a time determined by the Village of Silver Lake.
(8) Any costs associated with these inspections shall be assessed to the facility owner/operator.
(Ord. 26-2023. Passed 5-1-23.)