The authorized enforcement agency may inspect and/or obtain
samples from a 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, investigation, or monitoring, including, but not limited
to, smoke/dye testing, televising pipes, examination and/or copying
of records that are required by this chapter to be maintained, 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
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 allowable 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 five 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.