Folsom Municipal Code Art. IV Inspection and Monitoring

A. To carry out the purposes of this chapter, the administrator may, at any reasonable hour of the day, or as authorized pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the California Code of Civil Procedure, do any of the following:

1. Enter and inspect public or private property, including any business, plant, construction site, disposal site, transfer facility, or any establishment or any other place deemed necessary to carry out the objectives of this chapter and shall be based upon such reasonable selection processes, 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.

2. Complete any sampling activities necessary to carry out the purpose and intent of this chapter. Upon request, split samples shall be given to the person, or representative of the person, from whose property the samples were obtained.

3. Investigate the source of any discharge to any public street, inlet, gutter, storm drain or the city storm drain system.

4. Verify compliance with the provisions of this chapter, including, but not limited to, the following:

a. Identify products produced, process conducted, chemicals used and materials stored on or contained within the property;

b. Identify point(s) of discharge of all wastewater, process water systems, pollutants and other discharges from the property;

c. Investigate the drainage patterns of the premises, including natural and graded slopes, and artificial conveyance systems;

d. Establish the location of all points of discharge from the property, whether by surface runoff or through a storm drain system;

e. Locate any prohibited condition, illicit connection, or the source of any prohibited discharge; and

f. Verify implementation and maintenance of BMPs.

5. 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.

6. Inspect and copy all records of the owner or occupant of any premises relating to chemicals or processes presently or previously occurring on-site, including, but not limited to, 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 storm drain system. In addition, the administrator may require the owner or occupant to furnish, within a reasonable time period, copies of all such records.

7. Inspect, sample and test any are 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 storm drain 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 video/digital recordings, make measurements or drawings, and create any other record reasonably necessary to document conditions on the premises.

8. Erect and maintain monitoring and sampling devices for the purpose of measuring any discharge or potential source of discharge to the city storm drain system.

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

B. 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.

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

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

Fees to defray the cost of processing applications, determining compliance, and monitoring compliance pursuant to this title may be established by resolution of the city council.

(Ord. 922 § 1 (part), 2000; Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)

A. The city and Sacramento County are co-permittees under NPDES Permit No. CAS082597 (municipal stormwater permit) which requires regular compliance inspections and enforcement at certain commercial and industrial facilities as defined by the municipal stormwater permit. Sacramento County operates an inspection, investigation and enforcement program that enforces compliance with environmental and water quality requirements by commercial and industrial facilities located within the county.

B. Under Article 11, Section 8 of the California Constitution, and applicable provisions of the city and Sacramento County Charters, the city and Sacramento County may enter into agreements for Sacramento County to perform specified municipal functions within the city.

C. In order to provide for effective and efficient administration and enforcement of this chapter with respect to certain commercial and industrial facilities within the city, and to ensure compliance with NPDES Permit No. CAS082597, the city council and the Sacramento County board of supervisors may enter into an agreement or agreements for Sacramento County to administer and enforce the provisions of this chapter with respect to certain commercial and industrial facilities located within the city, by including certain commercial and industrial facilities located within the city in Sacramento County’s commercial and industrial compliance program. If the city council and the Sacramento County board of supervisors enter into such an agreement or agreements:

1. The city may authorize Sacramento County and its authorized official(s) and employee(s), or other entity, to enforce the provisions of this chapter as they apply to certain commercial and industrial facilities located within the city, in accordance with the provisions of such agreement(s).

2. The city may authorize Sacramento County and its authorized official(s) and employee(s), or other entity, to take any action with respect to certain commercial and industrial facilities located within the city, in accordance with the provisions of this chapter and such agreement(s).

3. The city may establish and collect, or authorize Sacramento County, or other entity, to establish and collect from applicable commercial and industrial facilities located within the city such fees as may be necessary to cover the actual costs incurred by the city, Sacramento County, or other entity, to include these facilities in its commercial and industrial compliance program; provided, that the fees are established and collected in accordance with the provisions of such agreement(s) and all applicable legal requirements.

(Ord. 1018 § 2 (part), 2004; Ord. 1157 § 2 (part), 2012)