The authorized enforcement agency may inspect and/or obtain
samples from any discharger's premises as necessary to determine
compliance with the requirements of this chapter. Upon request, the
discharger shall allow properly identified representatives of the
authorized enforcement agency to enter the premises of the discharger
at all hours necessary for the purposes of such inspection or investigation
including, but not limited to, smoke/dye testing, televising pipes,
sampling, and excavation. The authorized enforcement agency shall
provide the discharger reasonable advance notice of the need for such
access, if possible and consistent with protection of public health,
safety and the environment. The properly identified representatives
may place on the discharger's premises the equipment or devices
used for such sampling or inspection. Unreasonable delays in allowing
access to a premises are a violation of this chapter.
If directed in writing to do so by the authorized enforcement
agency, a discharger of stormwater runoff from any premises used for
commercial or industrial purposes shall provide and operate equipment
or devices for the monitoring of stormwater runoff to provide for
inspection, sampling, and flow measurement of each discharge to a
water body or a stormwater drainage system, as specified by the authorized
enforcement agency. The authorized enforcement agency may require
a discharger to provide and operate such equipment and devices if
it is necessary or appropriate for the inspection, sampling, and flow
measurement of discharges in order to determine whether adverse effects
from, or as a result of, such discharges may occur. All such equipment
and devices for the inspection, sampling, and flow measurement of
discharges shall be installed and maintained at the discharger's
expenses in accordance with applicable laws, ordinances, and regulations.
Any discharger who accidentally discharges into a stormwater
drainage system or a water body any substance other than stormwater
or an authorized discharge shall immediately notify the authorized
enforcement agency of the discharge. If the notification is given
orally, a written report concerning the discharge shall be filed with
the authorized enforcement agency within five business days. The written
report shall specify all of the following:
A. The composition of the discharge and the cause thereof.
B. The exact date, time, and estimated volume of the discharge.
C. All measures taken to clean up the discharge, all measures taken
or proposed to be taken to mitigate any known or potential adverse
impacts of the discharge, and all measures proposed to be taken to
reduce and prevent any recurrences.
D. The names and telephone numbers of the individual making the report,
and (if different) the individual who may be contacted for additional
information regarding the discharge.
Any person that violates any requirement of this chapter or
that is subject to monitoring under this chapter shall retain and
preserve for no less than three years any and all books, drawings,
plans, prints, documents, memoranda, reports, correspondence, and
records, including records on magnetic or electronic media, and any
and all summaries of such records relating to monitoring, sampling,
and chemical analysis of any discharge or stormwater runoff from any
premises connected with the violation or subject to monitoring.