(A) Storm drainage system. The city has the authority to periodically inspect the portion of the storm drainage system and CSO under the city’s control, in an effort to detect and eliminate illicit connections and discharges into the system. This inspection may include a screening of discharges from outfalls connected to the system in order to determine if prohibited flows are being conveyed into the storm drainage system. It could also include spot testing of waters contained in the storm drainage system itself to detect the introduction of pollutants into the system by means other than a defined outfall, such as dumping or contaminated sheet runoff.
(B) Potential polluters.
(1) If, as a result of the storm drainage system or CSO inspection, a discharger is suspected of an illicit discharge, the city may inspect and/or obtain stormwater samples from stormwater runoff facilities of the subject discharger, to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow the city’s properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. The City of Washington or its properly identified representative may place on the discharger’s property the equipment or devices used for such sampling or inspection. Identified illicit connections or discharges shall be subject to enforcement action as described in §§ 52B.100 through 52B.103.
(2) Access to facilities. This section applies to all facilities that have stormwater discharges, including all facilities associated with industrial activity and/or construction activity.
(a) The city’s properly identified representative shall be permitted to enter and inspect facilities as often as may be necessary to determine compliance with this division (B), including the inspection of any sampling and/or monitoring equipment installed at facilities. If a discharger has security measures in place which require identification and clearance before entry into its premises, then the discharger shall make the necessary arrangements to allow representative access into and/or onto the facilities in a timely manner. Under no circumstances shall any security measures delay or inhibit the representative from performing inspections.
(b) Facility operators shall allow representative ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(c) Representative has the right to set up at any facility such devices as the city, in its sole discretion, determines to be necessary to conduct sampling and/or monitoring of the facility’s stormwater discharge.
(d) Representative has the right to require the discharger to install, at the discharger’s expense, all devices as the city, in its sole discretion, determines are necessary to conduct sampling and/or monitoring of the facility’s stormwater discharge. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure and/or sample stormwater flow and quality shall be calibrated at a minimum in accordance with manufacturer’s specifications to ensure their accuracy.
(e) If the representative has been refused access to any part of the premises from which stormwater is discharged, and the city 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 any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
(C) New development and re-development. Following the final completion of construction and the receipt of as-built drawings by the city, the city has the authority to inspect new development and redevelopment sites to verify that all on-site stormwater conveyances and connections to the storm drainage system are in compliance with this subchapter.
(Ord. 10-2024, passed 7-8-2024)