a. 
Prior to commencing any inspection authorized pursuant to this chapter, the Administrator shall obtain the consent of the owner or occupant of the premises, an inspection warrant or a criminal search warrant.
b. 
The Administrator may conduct inspections related to purposes of implementing this chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, compliance with requirements of the Municipal Stormwater Permit, visual evidence, complaints received, knowledge or physical evidence of industrial activities or other pollutant sources, random sampling, sampling in areas with evidence of stormwater contamination, illicit connections, discharge of non-stormwater to the County storm drain system or similar factors.
c. 
The Administrator may enter upon private property to investigate the source of any discharge to any public street, inlet, gutter, storm drain or the County storm drain system.
d. 
The Administrator may enter upon private property for the purpose of verifying compliance with the provisions of this chapter, including, but not limited to, the following:
1. 
Identifying products produced, processes conducted, chemicals used and materials stored on or contained within the property;
2. 
Identifying point(s) of discharge of all wastewater, process water systems, pollutants and other discharges from the property;
3. 
Investigating the drainage patterns of the premises, including natural and graded slopes, and artificial conveyance systems;
4. 
Establishing the location of all points of discharge from the property, whether by surface run-off or through a storm drain system;
5. 
Locating any prohibited condition, illicit connection, or the source of any prohibited discharge; and
6. 
Evaluating implementation of BMPs.
e. 
For purposes of verifying compliance with the provisions of this chapter, the Administrator may inspect any vehicle, truck, trailer, tank truck or other mobile equipment, or any stationary equipment, which may reasonably be believed to be used by the business for business-related activities and to be associated with industrial sources of pollutants or with non-stormwater discharges.
f. 
The Administrator may inspect and copy all records of the owner or occupant of any premises relating to chemicals or processes presently or previously occurring on-site, including materials and/or chemical inventories, facilities maps or schematics or diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, monitoring program plans or any other records relating to illicit connections, prohibited discharges or the potential discharge of pollutants to the County storm drain system. In addition, the Administrator may require the owner or occupant to furnish, within a reasonable time period, copies of all such records.
g. 
The Administrator may inspect, sample and test any area runoff, soils area (including any groundwater testing), process discharge, materials within any waste storage area (including any container contents), and/or treatment system discharge for the purpose of determining the potential for the contribution of pollutants to the County storm drain system. The Administrator may investigate the integrity and layout of all storm drain and sanitary sewer systems or other pipelines on the premises using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The Administrator may take photographs or video tape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the premises.
h. 
The Administrator may erect and maintain monitoring and sampling devices for the purpose of measuring any discharge or potential source of discharge to the County storm drain system.
(SCC 1280 § 2, 2004; SCC 1295 § 7, 2005)
a. 
The Administrator may require industries, at their own expense, to conduct and report monitoring of stormwater and non-stormwater discharges from their facilities and operations, for purposes necessary for the implementation of this chapter or compliance with the Municipal Stormwater Permit. The goals of monitoring may include but are not limited to characterization of known and potential pollutant sources, pollutant content of discharges, and BMP effectiveness. Required forms of monitoring may include but are not limited to toxicity, flow, and analysis of pollutant concentrations.
b. 
The Administrator may designate specific monitoring requirements and/or require the discharger or potential discharger to submit a monitoring plan that describes specific monitoring requirements. Specific monitoring requirements may include sampling points, sampling times or deadlines, analysis and sampling methods, frequencies, storm event criteria, and other specifications necessary to ensure timely, adequate, accurate, and representative monitoring;
c. 
The discharger or potential discharger shall ensure that the integrity of the sample is protected at all times, including collection, handling, splitting, transport, and storage. Deliberate tampering with or altering of a sample shall be a violation of this chapter.
d. 
The Administrator may specify information that must be documented in association with any sampling and monitoring event. At a minimum, unless otherwise allowed by the Administrator, the discharger or potential discharger shall record and maintain the following information for each sampling event:
1. 
The date, exact place, method and time of sampling;
2. 
The name, title, and employer of the person or persons taking the samples;
3. 
Sample preservation used;
4. 
The dates analyses were performed;
5. 
Sample chain of custody forms;
6. 
Who performed the analyses;
7. 
Analytical methods used, including detection limits;
8. 
Quality assurance and quality control documentation;
9. 
Laboratory reports of analytical results;
10. 
Any unusual observations or conditions noted during sample acquisition or analysis.
e. 
Any information submitted pursuant to this section shall be subject to the approval of the Administrator and the Administrator may require additional information if the Administrator determines the information submitted is incomplete or insufficient.
(SCC 1280 § 2, 2004)
a. 
The Administrator may require any person to report information for purposes related to the purpose and intent of this chapter. Required information may include but is not limited to the following: characterization of industrial activities; compliance with this chapter, compliance with a County stormwater permit; compliance with State General Permit requirements; compliance with the County stormwater Ordinance; compliance with administrative enforcement orders or other enforcement actions; discharge monitoring; training; and BMP implementation, effectiveness, and maintenance.
b. 
The Administrator may require information to be submitted on an as needed basis, or according to a specific schedule as specified in a County stormwater permit.
c. 
The Administrator may require submitted information to be compiled, summarized, analyzed or organized in a reasonable manner that facilitates its interpretation or other use. As necessary to facilitate the use of information, the Administrator may also specify the medium and format of required submittals.
d. 
Failure to provide information in a timely manner as required by the Administrator, or knowingly or negligently concealing, destroying, or providing false information shall be a violation of this chapter.
(SCC 1280 § 2, 2004; SCC 1295 § 8, 2005)
a. 
Information and data on a discharger or potential discharger obtained from inspections, reports, questionnaires, applications, permits, monitoring programs, records, or any other form of submittal to the County shall be available to the public or other governmental agency without notification unless the discharger or potential discharger specifically requests confidentiality as to any portion thereof and is able to demonstrate to the satisfaction of the Administrator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the discharger or potential discharger. Stormwater and non-stormwater discharge constituents and characteristics will not be recognized as confidential information, and effluent data shall be available to the public without restriction.
b. 
When requested by a discharger or potential discharger furnishing information to the County, and agreed to by the Administrator, the portions of that information which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to the County and other governmental agencies for uses related to the ordinance codified in this chapter, the National Pollutant Discharge Elimination System (NPDES) and/or the pretreatment program, and enforcement of other environmental regulatory programs. Those portions of the information shall also be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger or potential discharger furnishing the information.
c. 
Information and data requested from a discharger or potential discharger which the discharger or potential discharger believes to be proprietary and the release of which to the public would substantially impair the operations or business interests of the discharger or potential discharger, may alternatively be provided to the County for its review at the facility of the discharger or potential discharger rather than provided to the County for its keeping, at the discretion of the County. The burden will be on the discharger or potential discharger to demonstrate to the satisfaction of the County that such information is proprietary and that this alternative procedure is necessary or appropriate and will not prevent the County from properly carrying out the objectives of this chapter
d. 
In the event access to or disclosure of any such confidential or proprietary information is requested pursuant to an action brought under federal or state laws, the County shall have the option, in its sole discretion, of defending itself in such action or requiring the discharger or potential discharger to provide a defense. If the County makes written tender upon a discharger or potential discharger to defend such an action with counsel acceptable to County and such discharger or potential discharger does not appear in and assume the defense of such action within the time specified in the tender, the County shall be free to disclose the information to the party making request therefor. In any event, the discharger or potential discharger shall be liable to the County in defending such action and for any judgment rendered against the County in such action. Payment of all such amounts shall be made by the discharger or potential discharger within 30 days of billing by the County.
(SCC 1280 § 2, 2004; SCC 1295 § 9, 2005)
Any reports, data, or other records and documentation required by the Administrator of a discharger to be collected or submitted for characterizing discharges, demonstrating compliance with this chapter, or otherwise related to the purposes of this chapter, shall be retained at the discharger's premises and made readily available to the Administrator for a period of not less than three years.
(SCC 1295 § 10, 2005)
The Administrator shall collect such fees as may be established by the Board to provide for the recovery of regulatory costs, including routine inspections and other regulatory functions associated with this chapter. Any such fees shall be established by resolution of the Board. Failure to pay required fees within the time period set in policy established by the Administrator shall be a violation of this chapter. There shall be no fee assessed to appeal the determination that a person conducts any significant industrial activity.
(SCC 1280 § 2, 2004)