Best management practices. Where the SMO has identified illicit discharges as defined in Article I, § 98-2, or activities contaminating stormwater as defined in Article II, § 98-8, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
A. 
The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
B. 
Any person responsible for a property or premises, which is or may be the source of an illicit discharge as defined in Article I, § 98-2, or an activity contaminating stormwater as defined in Article II, § 98-8, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
C. 
Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
A. 
Illicit discharges in emergency situations. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. 
Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this Part 1 may have his or her MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SMO.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.
A. 
Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Part 1, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Part 1.
B. 
Access to facilities.
(1) 
The SMO shall be permitted to enter and inspect facilities subject to regulation under this Part 1 as often as may be necessary to determine compliance with this Part 1. 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 the SMO.
(2) 
Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this Part 1.
(3) 
The municipality shall have the right to set up on any facility subject to this Part 1 such devices as are necessary, in the opinion of the SMO, to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) 
The municipality has the right to require the facilities subject to this Part 1 to install monitoring equipment as is reasonably necessary to determine compliance with this Part 1. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Unreasonable delays in allowing the municipality access to a facility subject to this Part 1 is a violation of this Part 1. A person who is the operator of a facility subject to this Part 1 commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this Part 1.
(6) 
If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Part 1, 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 Part 1 or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.