§ 98-227. Scope of inspections.

(a)

Prior to commencing any inspection authorized pursuant to this section, the administrator shall obtain the consent of the owner or occupant of the premises, an administrative inspection warrant or a criminal search warrant.

(b)

The administrator may conduct inspections related to purposes of implementing this Article 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 article, 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 nonstormwater to the city 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 city stormwater conveyance system.

(d)

The administrator may enter upon private property for the purpose of verifying compliance with the provisions of this article, 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 natural slope of the premises, including drainage patterns 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 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 article, 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 nonstormwater discharges.

(f)

The administrator may inspect 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 city stormwater conveyance 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 city stormwater conveyance 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 videotape, make measurements or drawings, and create any other record reasonable 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 city stormwater conveyance system.

(i)

The administrator may require regular reports from a premises owner and/or business owner regarding the provisions of this article whose premises discharges to the city stormwater conveyance system or receiving waters.

(j)

City-approved construction permits including approved building permits shall constitute permission by premises owner and/or business owner for administrator or designee to enter upon premises and conduct any and all inspections, monitoring and testing necessary to determine compliance with this Code and approved permits.

(k)

The business owner and/or premises owner shall bear all costs incurred by the city associated with the administration and enforcement of this article including, but not limited to, investigation, testing, reports, and monitoring.

(Ord. No. 2004-08, § 1, 9-22-2004)