(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program. The City of Warren 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 household sewage treatment systems; the routine inspection of storm water 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 City of Warren shall be permitted to enter and inspect facilities subject to this chapter as often as may be necessary to determine compliance with this chapter.
(2) The City of Warren shall have the right to set up at facilities subject to this chapter such devices as are necessary to conduct monitoring and/or sampling of the facility’s storm water discharge, as determined by the City of Warren.
(3) The City of Warren 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 of Warren 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 oral request of the City of Warren 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 of Warren access to a facility subject to this chapter for the purposes of illicit discharge inspection is a violation of this chapter.
(6) If the City of Warren is refused access to any part of the facility from which storm water is discharged, and the City of Warren demonstrates 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 an inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the public health, safety, and welfare, the City of Warren 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 shall be assessed to the facility owner/operator.
(Ord. 12967/2020. Passed 10-14-20.)