(A) All detection activities permitted under this chapter shall be conducted by the Director of Engineering and Public Works, or his or her designee, hereinafter referred to as the Inspector.
(B) The city shall not be responsible for any direct or indirect consequences affecting responsible party or property as a result of an illicit discharge, or circumstances which may cause an illicit discharge, whether detected or undetected by the city.
(C) Every responsible party has an absolute duty to monitor conditions on property owned or controlled by them, to prevent all illicit discharges, and to report to the city any illicit discharges, which the responsible party knows or should have known to occur. Failure to comply with any provision of this chapter is a violation of this chapter.
(D) Notwithstanding other requirements of law, as soon as any responsible party has information of any known or suspected illicit discharge, the responsible party shall immediately take all necessary steps to ensure the discovery, containment and cleanup of the discharge at the responsible party’s sole cost.
(E) If the illicit discharge consists of hazardous materials, the responsible party shall also immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(F) If the illicit discharge emanates from a commercial or industrial establishment, the owner or operator of the establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. These records shall be retained for at least three years.
(G) A report of an illicit discharge shall be made in person or by phone or facsimile or email to the Inspector immediately, but in any event within 24 hours of the illicit discharge; notifications in person or by phone shall be confirmed by written notice addressed and mailed or emailed to the Inspector within 24 hours of the personal or phone notice.
(H) Any responsible party shall also report to the city any circumstances which the person or entity reasonably believes pose a risk of an illicit discharge.
(I) Upon receiving a report pursuant to the previous divisions or otherwise coming into possession of information indicating an actual or imminent illicit discharge or an illegal connection, the Inspector shall conduct an inspection of the site as soon as reasonably possible and, if an illicit discharge or illegal connection is found, the Inspector shall thereafter shall provide to the responsible party(s) for those premises a written notice to abate conditions which have already caused or may cause an illicit discharge or the presence of an illegal connection. The responsible parties shall immediately commence corrective action or remediation and shall complete the corrective action or remediation within the time frame specified within the abatement notice.
(J) The Inspector shall be permitted to enter and inspect any property subject to regulation under this section as often as is necessary to determine compliance with this section. If a responsible party owning, controlling or possessing a property has security measures that require identification and clearance before entry to its property, the responsible party shall make the necessary arrangements to allow access by the Inspector. By way of specification but not limitation:
(1) A responsible party shall allow the Inspector ready access to all parts of the property for purposes of inspection, sampling, examination and copying of records related to a suspected, actual or imminent illicit discharge, and for the performance of any additional duties as defined by state and federal law;
(2) The Inspector shall have the right to set up on any property those devices as are necessary in the opinion of the Inspector to conduct monitoring and/or sampling related to a suspected, actual or imminent illicit discharge;
(3) Any temporary or permanent obstruction that obstructs the safe and easy access to property to be inspected and/or sampled shall be promptly removed by the responsible party at the written or oral order of the Inspector and shall not be replaced. The costs of clearing the access shall be borne by the responsible party;
(4) An unreasonable delay in allowing the Inspector access to a property is a violation of this chapter; and
(5) If the Inspector has been refused access to any part of the property from which an illegal connection and/or illicit discharge is occurring, suspected or imminent, 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 and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter, or to protect the overall public health, safety and welfare of the community, then the Inspector may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 2005-22, passed 9-27-2005) Penalty, see § 53.99