A.
Normal
Conditions. For routine inspections, the city engineer may inspect
active and inactive construction sites, existing industrial and commercial
business facilities and activities, completed developments, and vacant
or abandoned properties that were required to install BMPs, subject
to this chapter at reasonable times and in a reasonable manner to
carry out the purposes of this chapter. If entry for a regulatory
inspection is refused by an owner, operator, occupant, or representative
of any construction site, business facility or activity, completed
development, or vacant or abandoned property that installed BMPs,
an inspection warrant shall be obtained prior to inspection.
1.
When
any new BMP is installed on private property as part of a project
that requires a city permit or business license, in order to comply
with this chapter, the property owner, occupant, operator, or representative
shall provide the city access for inspection of BMPs to ensure that
each BMP is working properly. This includes the right to enter the
property without prior notice, as needed, when the city has a reasonable
basis to believe that the BMP is not working properly, or to enter
for any follow-up inspections, or to enter when necessary for abatement
of a nuisance or correction of a violation of this chapter.
2.
Inspections
may include all actions necessary to:
a.
Determine whether any illegal discharges or illegal connections exist;
b.
Determine whether the BMPs installed and implemented continue to
ensure compliance with this chapter;
c.
Determine whether the BMPs are being properly maintained;
d.
Determine whether the facility or activity complies with the requirements
of this chapter;
e.
Identify products produced, processes conducted, chemicals used and
materials and waste stored on or contained within the property that
could constitute a threat to water quality if a discharge occurs;
f.
Identify point(s) of discharge of all wastewater and processed water;
g.
Identify point(s) of discharge of all surface runoff and runoff through
a storm drain system;
h.
Locate any source(s) of any prohibited discharge;
i.
Evaluate compliance with any permit issued by the city relating to
a discharge to the storm drain system; or
j.
Investigate any complaints forwarded to the city by third parties
related to discharges. This may include, but may not be limited to
sampling, metering, visual inspections, and records review.
B.
Emergency
Conditions. If the city engineer has reasonable cause to believe that
polluted stormwater runoff or nonstormwater runoff is actively discharging
from the property onto any public street, inlet, gutter, or any other
storm drain system, the city engineer shall have the right to immediately
enter and inspect said property regardless of whether said property
is occupied or unoccupied, and regardless of whether formal permission
to inspect said property has been obtained.
(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord.
12-05 § 2)
The city engineer may inspect the property owner's, occupant's,
operator's, or representative's records relating to processes presently
or previously occurring on-site, material and/or chemical inventories,
facility maps or schematics and diagrams, material safety data sheets,
hazardous waste manifests, business plans, pollution prevention plans,
state general permits, stormwater pollution prevention plans, monitoring
program plans, any records relating to illicit connections, prohibited
discharges, or any other source of contribution or potential contribution
of pollutants to the storm drain system. Records, reports, analyses,
or other information required under this chapter may be inspected
and copied, and photographs taken to document a condition and/or a
violation of this chapter.
(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord.
12-05 § 2)
The city engineer may inspect, sample and test any surface runoff
into and from any on-site storm drain system or BMP, soils area (including
groundwater testing), process discharge, materials within any raw-product
or waste storage areas (including any container contents), and/or
discharge from any wastewater treatment system for the purpose of
determining the potential for contribution of pollutants to the storm
drain system. The city engineer may investigate the integrity of all
storm drain and sanitary sewer systems, or other pipelines on the
property using appropriate tests, including, but not limited to, smoke
and dye tests or video surveys. The city engineer shall be authorized
to document conditions on the property by any reasonable means. It
shall be a violation of this chapter for anyone other than the city
engineer to tamper, dismantle or otherwise intentionally disable,
modify or in any way damage such monitoring devices.
(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord.
12-05 § 2)
The city engineer may erect and maintain monitoring devices
for the purpose of measuring any discharge or potential source of
discharge to the storm drain system.
(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord.
12-05 § 2)
Upon submission of a written request by the property owner,
occupant, operator, or representative, the city engineer shall provide
copies of all monitoring and test results conducted to the owner or
occupant.
(Ord. 05-12 § 20; Ord. 05-13 § 20; Ord.
12-05 § 2)
