(a) Right to enter to inspect. Upon presenting identification and an oral request to enter made to any person who appears to be in possession or control of any operation, business or real property, or where no such person is present, after a written request to enter is mailed, personally delivered, or faxed to the person in possession or control of any operation, business or real property, the Director has the right to, and is hereby granted the power and right to, enter onto the exterior/out-of-doors (or areas not being within a fully enclosed structure) of private property within the City solely for the purpose to inspect, monitor or investigate as to the possible source or potential source of a discharge to the storm drain system or watercourses. Except for occupied residential property, such right to enter shall be exercisable at any time. For an occupied residential property, such entry shall be made only during daylight hours.
(b) Compliance assessments. The Director may inspect property for the purpose of verifying compliance with this chapter, including but not limited to:
(1) Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property;
(2) Identifying point(s) of discharge of all wastewater, process water systems and pollutants;
(3) Investigating the natural slope at the location, including drainage patterns and man-made conveyance systems (including roads with drainage systems, catch basins, curbs, gutters, channels and storm drains);
(4) Establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system;
(5) Locating any illicit connection or the source of any illicit discharge;
(6) Evaluating compliance with any stormwater pollution control plan; and
(7) Evaluating compliance with any permit issued pursuant to this chapter.
(c) Records review. The director may demand the production of such records as is necessary to determine compliance with the provisions of this chapter and for the purpose of examination and copying.
(d) Sample and test. The Director may inspect, sample and test any area runoff, soils within the source property, liquids, discharge, or materials within any storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm drain system. The Director may investigate the structural integrity and condition of all storm drains, sanitary sewer facilities/systems or other tanks, reservoirs or pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Director may take photographs or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.
(e) Monitoring. For the purpose of measuring any discharge or potential source of discharge to the storm drain system, the Director may undertake a monitoring program and other analysis, which may include both the installation and maintenance of monitoring devices, or require the owner or person in charge of day-to-day operations of the property to undertake the installation, record keeping and maintenance of such monitoring devices, at the owner’s/operator’s expense.
(f) Test results. The owner or person in charge of day-to-day operations of the property subject to inspection shall provide copies of test results to the City and, on submission of a written request to the Director, be entitled to a copy of the test results conducted by the Director.
(g) Unreasonable delays. Unreasonable delays by the owner, occupant or person in charge of day to day operations of private property in allowing the Director access to the premises, or in the production of any demanded records, beyond the date set forth in a written request shall be a violation of this chapter.
(h) Inspection/search warrants. If the Director has been refused access to a building, structure, property or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect, monitor and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director may seek issuance of an administrative inspection or criminal search warrant from any court of competent jurisdiction.
(§ 1, Ord. 1343-NS, eff. October 14, 1999)