Modesto Municipal Code Art. 4 Inspection and Monitoring

(a) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of this chapter, the Director may in accordance with Section 1-6.104, enter such building or premises to inspect the same or perform any duty imposed upon the Director by this chapter.

If an owner, tenant, occupant, agent or other responsible party refuses to grant the City permission to enter or inspect, the City may seek an administrative inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure.

Routine or area inspections shall be based upon 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 storm water contamination, illicit discharges, discharge of non-storm water to the storm drain system, or similar factors.

(b) The Director and/or City Engineer may enter and inspect property for which a Grading and Erosion Control Permit has been applied to determine applicability or compliance with this chapter and City specifications. The Director and/or City Engineer may also inspect any and all property on which grading, filling, clearing and grubbing or excavating activities are occurring.

(c) Compliance Assessments. The Director may inspect public or private property for the purpose of verifying compliance with this chapter, including but not limited to, (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 and pollutants; (3) investigating the natural slope at the location, including drainage patterns and man-made conveyance systems (including roads with drainage systems, catch basins, curbs, gutters, channels and storm drains); (4) establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system; (5) locating any illicit connection or the source of any illicit discharge; (6) evaluating compliance with any Storm Water Pollution Prevention Plan; (7) evaluating compliance with any permit; and (8) to inspect and copy records relating to compliance with this chapter.

(d) Portable Equipment. The Director may inspect any vehicle, truck, trailer, tank truck or other mobile equipment as is necessary to determine compliance with this chapter.

(e) Records Review. The Director may inspect records of the owner, occupant or person in charge of day-to-day operations of private property as necessary to determine compliance with the provisions of this chapter.

(f) Sample and Test. The Director may inspect, sample and test any area runoff, soils area (including 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 contribution of pollutants to the MS4. The Director may investigate the integrity of all storm drain and sanitary sewer systems or other pipelines on the property using appropriate tests, including but not limited to smoke and dye tests or video surveys. The Director may take photographs or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.

(g) Monitoring. The Director may undertake monitoring and analysis including both the construction and maintenance of devices, or require the owner or person in charge of day to day operations of the property to undertake construction and maintenance of devices, at the owners expense, for the purpose of measuring any discharge or potential source of discharge to the MS4.

(h) Test Results. The owner or person in charge of day-to-day operations of the property subject to inspection shall provide copies of test results to the City and, on submission of a written request to the Director, be entitled to copy test results conducted by the Director.

(Ord. 3355 § 1, effective 10-8-04)

With the consent of the owner, occupant, tenant/other person in control of a property, or pursuant to an administrative inspection warrant, the Director may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the Director may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recording of the activities onsite.

(Ord. 3355 § 1, effective 10-8-04)

The Director may request that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to storm water pollution or contamination, illicit discharges, and/or discharge of non-storm water to the storm water system, undertake such monitoring activities and/or analysis and furnish such reports as the officer may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis, and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and/or reports requested. In the event the owner or operator of a facility subject to a monitoring and/or analysis order fails to conduct required monitoring and/or analysis and furnish the required reports in the form required, the Director may cause such monitoring and/or analysis to be performed and the cost, therefore, including the reasonable additional administrative costs incurred by the City shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property and shall become a civil debt of the owner to the City, enforceable by a lien on the property.

(Ord. 3355 § 1, effective 10-8-04)

Any person owning, occupying or in charge of a premises or responsible for emergency response for a facility has a personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the City of any suspected, confirmed, or unconfirmed release of materials, pollutants or wastes creating a risk of discharge into the City's MS4. As soon as any person owning, occupying or in charge of the premises or responsible for emergency response for a facility has knowledge of any suspected, confirmed or unconfirmed release, such person shall take all necessary steps to ensure the discovery and containment and cleanup of such release and shall immediately notify the City of the occurrence by telephoning the illicit discharge hotline and confirming the notification by written correspondence to the Director within twenty-four (24) hours of any known or confirmed pollutant.

(Ord. 3355 § 1, effective 10-8-04)