Sec. 22-420. - Post-construction erosion and sedimentation control.
Owners and operators, including developers and property owners, shall use and maintain appropriate erosion and sedimentation control measures to ensure that erosion, or adverse conditions caused by erosion or sedimentation, is eliminated or held to an acceptable minimum so that soil and other pollutants are not discharged to the MS4 or waters of the state nor onto an adjourning property or right-of-way. For example, vegetation, erosion, and sediment control measures, including the following installed structural measures, if any, should be used and maintained: stormwater detention structures (including wet ponds); flow attenuation by use of open vegetative swales and natural depressions; other velocity dissipation devices; infiltration of runoff on-site; and sequential systems that combine several such practices. (Ord. No. 2007-024, § 2, 1-22-2008)
DIVISION 6. - COMPLIANCE MONITORING
Sec. 22-430. - Right of entry: inspection and sampling.
The city shall have the right to enter the premises of any person discharging stormwater, wastewater, or any pollutant to the MS4 or to waters of the state within the city to determine if the discharger is complying with all requirements of this article and with state or federal discharge permits, limitations, or requirements. Dischargers shall allow the city ready access to all parts of the premises for the purposes of observation, inspection, sampling, monitoring, testing, surveying, examination and copying of records, and for the performance of any applicable additional duties. Dischargers shall make available to the city, upon request, any SWPPPs, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent, and any other records, reports, and other documents related to compliance with this article and with any state or federal discharge permit. No person shall obstruct, hamper, or interfere with any city representative while carrying out his official duties.
- City personnel shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. Where a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards or other personnel so that, upon presentation of suitable identification, city personnel will be permitted to enter without delay for the purpose of performing their responsibilities.
- The city shall have the right to set up on the discharger's property, or require installation of, such devices as are necessary in the opinion of the authorized city personnel to conduct sampling and/or monitoring of the discharger's operations and discharges.
- The city may require any discharger to the MS4 or waters of the state to conduct specified sampling, testing, analysis, and other monitoring of its stormwaterdischarges and may specify the frequency and parameters of any such required monitoring.
- The city may require the discharger to install monitoring equipment as necessary at the discharger's expense. 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
- Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the discharger at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
- Unreasonable delays in allowing the city access to the discharger's premises shall be a violation of this article.
- If city personnel have been refused access to any part of the premises from whichstormwater, wastewater, or any pollutant is discharged, and city personnel are able to demonstrate probable cause to believe that there may be a violation of this article, 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 article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the mayor or his designee may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. No. 2007-024, § 2, 1-22-2008)
DIVISION 7. - PENALTIES AND ENFORCEMENT
Sec. 22-450. - Notice of noncompliance.
- It is unlawful for any person to violate any provision, or fail to comply with any of the requirements, of this article. The planning department shall deliver to the owner, operator, contractor, and/or representative of any premises, or to any person responsible for an illicit connection, prohibited discharge, maintenance of a threatened discharge, failure to implement BMPs in accordance with this article, or any other violation of this article a notice of noncompliance. The notice of noncompliance shall be delivered in accordance with section 22-452.
- The notce of noncompliance shall identify the provision of this article that has been violated. The notice of noncompliance shall state that continued noncompliance may result in additional enforcement actions, including the recovery of any costs incurred by the city. The notice of noncompliance shall identify a compliance date that must be met and may require without limitation:
- The elimination of illicit connections or discharges;
- That violating discharges, practices, or operations shall be terminated;
- The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
- Payment of a fine to cover administrative and remediation costs; and
- The implementation of source control or treatment BMPs.
- The planning department shall designate the time within which any illicit connection shall be removed. In setting the time limit for compliance, the planning department shall take into consideration:
- The quantity and complexity of the work;
- The consequence of delay;
- The potential harm to the environment, to public health, and to public and private property; and
- The cost of remedying the damage.
- If violations are not corrected within the time period set by the planning department, the planning department shall then stop all necessary inspections required for a building permit, land clearing permit, and/or certificate of occupancy. Inspections shall not recommence until the planning department has approved all required changes, including installation and maintenance of BMPs and updates to the SWPPP, or determined that any other violation that was noted in the notice of noncompliance has been adequately addressed. Moreover, as necessary in order to properly address any violations of this article, the city may, inter alia, terminate the building permit, land clearing permit, and/or certificate of occupancy for the relevant site; disconnect any illicit connections to the MS4; and/or discontinue water service to the relevant site.
(Ord. No. 2007-024, § 2, 1-22-2008)