The authorized enforcement agency may inspect and/or obtain
samples from the discharger's property or premises as necessary
to determine compliance with the requirements of this chapter. Upon
request, the discharger shall allow the properly identified representatives
of the authorized enforcement agency to enter the property or 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 and safety and the environment. The properly
identified representatives may place on the discharger's property
or premises the equipment or devices used for such sampling or inspection.
Unreasonable delays in allowing access to a property or premises is
a violation of this chapter.
If directed, in writing, to do so by the authorized enforcement
agency, a discharger of stormwater runoff from any property or 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
expense 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 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 the 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
property or premises connected with the violation or subject to monitoring.