Escalon Municipal Code Art. V Inspection, Monitoring, And Data Collection

The director may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges and/or nonstormwater discharges to the MS4 or to the waters of the United States is to undertake at said person's expense such monitoring and analyses and to furnish such reports to the city as the director shall deem necessary for determining that person's compliance with this chapter.

(Ord. 542, 2014)

A. 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, in or upon any premises within the city, any condition which constitutes a violation of this chapter, the director is authorized to enter such premises at all reasonable times for the purpose of inspecting said premises. The director is further authorized to inspect facilities, equipment, practices and operations and to inspect and copy all records at a facility which are related to stormwater compliance. Any request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made upon issuance of a warrant issued by a court of competent jurisdiction. In the event that the owner or occupant of the premises refuses to allow either the director or persons authorized by the director to enter said premises for the purposes of conducting an inspection authorized by this chapter after the director or a person authorized by the director has asked the owner or occupant of said property to enter thereon for the purposes authorized by this chapter, the city may seek the assistance of a court of competent jurisdiction in order to facilitate the purposes of this section. Inspections shall be based on such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater contamination, illegal discharge, nonstormwater discharge to the MS4 or other similar factors.

B. Sampling Authority. The director may inspect, sample and test any facilities, equipment, practices, or operations, area runoff, soils area (including groundwater testing), process discharge, materials within any waste storage area (including any contained contents) and/or treatment system discharge for the purpose of determining the potential for the discharge of pollutants to the MS4. The director may investigate the integrity of all storm drain and sanitary sewer systems, any legal nonconforming connection or other pipelines on the private property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The director may take photographs or videotapes, make measurements or drawings and create any other record reasonably necessary to document conditions on the premises.

C. Records Review. The director may inspect records of the owner or person in charge of the day-to-day activities of private property relating to chemicals or processes presently or previously occurring on site, including but not limited to material and/or chemical inventories, facilities maps or schematics and diagrams, material safety data sheets, hazardous waste manifests, business plans, pollution prevention plans, state general permits, stormwater pollution prevention plans, monitoring program plans and any other record(s) relating to illicit connections, illegal discharges, a legal nonconforming connection or any other source of discharge or potential discharge of pollutants to the MS4. Such records must be kept on site and remain available for inspection. Failure to keep records on site and available for inspection shall constitute a violation of this chapter.

D. Monitoring, Analysis and Reporting Authority. The director may erect and maintain or require any person discharging to the MS4 to erect and maintain monitoring devices for the purpose of measuring any discharge or potential source of discharge to the MS4. Upon service of written notice by the director, the burden, including cost, of these activities, analyses and reports, incurred in complying with the requirement, shall, to the extent permitted by law, be borne by the property owner, occupant or operator of the facility or activity for which testing and monitoring has been requested.

E. Cost Recovery. If an inspection pursuant to this section results in an enforcement action, the city may issue an invoice of costs and recover in an enforcement action its reasonable inspection costs.

(Ord. 542, 2014)