[11-7-2018 by Ord. No.
1753]
To ensure compliance with the standards in this pervasively
regulated area, the City may inspect and/or obtain stormwater samples
from stormwater management facilities of any discharger to determine
compliance with the requirements of this article. 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 shall provide
the discharger reasonable advance notice of such inspection and/or
sampling. The City or its properly identified representative may place
on the discharger's property the equipment or devices used for such
sampling or inspection.
[11-7-2018 by Ord. No.
1753]
A discharger of stormwater runoff shall provide and operate
equipment or devices for the monitoring of stormwater runoff, so as
to provide for inspection, sampling, and flow measurement of each
discharge to a water body or a stormwater runoff facility, when directed
in writing to do so by the City. The City 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 in accordance with applicable laws, ordinances
and regulations.
[11-7-2018 by Ord. No.
1753]
(a)
Any discharger who accidentally discharges into a water body any
substance other than stormwater or an exempted discharge shall immediately
inform the City concerning the discharge. If such information is given
orally, a written report concerning the discharge shall be filed with
the City within five days. The written report shall specify:
(1)
The composition of the discharge and the cause thereof.
(2)
The exact date, time, and estimated volume of the discharge.
(3)
All measures taken to clean up the accidental discharge, and
all measures proposed to be taken to reduce and prevent any recurrence.
(4)
The name and telephone number of the person making the report,
and the name of a person who may be contacted for additional information
on the matter. A properly reported accidental discharge shall be an
affirmative defense to a civil infraction proceeding brought under
this article against a discharger for such discharge. It shall not,
however, be a defense to a legal action brought to obtain an injunction,
to obtain recovery of costs or to obtain other relief as a result
of or arising out of the discharge. A discharge shall be considered
properly reported only if the discharger complies with all the requirements
of Subsection (a) of this section.
[11-7-2018 by Ord. No.
1753]
Any person subject to this article 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.
