§ 53.31 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.

   (A)   Inspection of residential, commercial, industrial, or institutional facilities.

      (1)   The city shall be permitted to enter and inspect facilities subject to §§ 53.25 through 53.34 as often as may be necessary to determine compliance with §§ 53.25 through 53.34.

      (2)   The city shall have the right to set up at facilities subject to §§ 53.25 through 53.34 such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the city.

      (3)   The city 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 storm water flow and quality may be calibrated by the city to ensure their 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 verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the facility owner/operator.

      (5)   Unreasonable delays in allowing the city access to a facility subject to §§ 53.25 through 53.34 for the purpose of illicit discharge inspection is a violation of this section.

      (6)   If the city is refused access to any part of the facility from which storm water is discharged, and the city demonstrates probable cause to believe that there may be a violation of §§ 53.25 through 53.34, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with §§ 53.25 through 53.34 or any order issued hereunder, or to protect the public health, safety, and welfare, the city 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)   Any costs associated with these inspections may be assessed to the facility owner/operator. Upon failure to make payment, the charges may be assessed against the property subject to the inspection.

(Ord. 17-007, passed 3-7-17)