(a)
Applicability. This section applies to all premises that have discharges to the storm drain system associated with residential, commercial, or industrial activity including construction activity.
(b)
Authority to Access, Inspect, Monitor and/or Sample on Premises.
1.
Properties with connections to a County-owned storm drain system are subject to periodic discharge inspection and sampling.
2.
Any construction activity is subject to periodic discharge inspection and sampling.
3.
Whenever necessary to make an inspection to enforce any provision of this Chapter, or whenever the Director has cause to believe that there exists, or potentially exists, or has occurred in or upon any premises any condition which constitutes a violation of this Chapter, the Director may enter such premises during normal business hours, provided prior notice has been given to the responsible party to inspect the same, to take water samples, inspect and copy records related to storm water compliance, and determine compliance with regulations governing storm water.
4.
The Director, or designee, shall be permitted to enter and inspect premises subject to regulation under this Chapter as often as may be reasonably necessary to determine compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors. If a discharger has security measures in force, which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Tulare County Resource Management Agency.
5.
A responsible party shall allow the Director, or designee, ready access to all parts of the premises for the purposes of inspection, photographing, sampling and the performance of any additional duties as defined by state and federal law.
6.
When a facility is subject to permitting requirements for storm water discharge to a County-owned MS4, facility operators shall allow the Director ready access to all parts of the facility for the purpose of inspection, photographing, sampling, examination, and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water.
7.
The Director shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the facility's storm water discharge to a County-operated MS4.
8.
The Director may require by written Notice of Requirement that any responsible party engaged in any activity and/or owning or operating any facility which, based on reasonable evidence, may cause or contribute to storm water pollution, illegal discharges, and/or non-storm water discharges to a County-owned storm drain system, to undertake, at said responsible party's expense, such monitoring and analyses and furnish such reports to the Director as deemed necessary to determine compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at said responsible party's own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. Calibration records shall be maintained and readily available for inspection by the Director for three years.
9.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected, monitored and/or sampled shall be promptly removed by the operator at the oral or written request of the Director and shall not be replaced without the Director's consent. The costs of clearing such access shall be borne by the operator.
10.
Unreasonable delays in allowing the Director ready access to a permitted facility is a violation of a storm water discharge permit or of this Chapter. A responsible party who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity to a County-owned MS4 is in violation of this Chapter if the responsible party denies the Director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter.
(c)
Authority to Obtain an Inspection Warrant.
1.
If the Director has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Chapter and the associated rules and regulations adopted by the Tulare County Board of Supervisors or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director may seek issuance of an inspection warrant from any court of competent jurisdiction.
(Added by Ord. No. 3438, effective 9-13-12)