Tracy Municipal Code Art. 5 Administration

The Director may require each owner of a commercial or industrial facility to construct and maintain, at the owner's expense, monitoring facilities that meet all government safety regulations to allow inspection, sampling and flow measurement of any internal storm drainage systems and may require sampling or metering equipment to be provided, installed, operated and maintained at the owner's expense.

(a) Monitoring equipment should normally be situated on the facility premises, but the Director may, when such a location would be impractical or cause undue hardship on the facility owner or the City, require the equipment to be constructed in an accessible location within the public right-of-way. When the monitoring equipment is located within a fenced area, there shall be accommodations to allow access for the Director, such as a gate secured with a City-approved lock. There shall be ample room in or near such monitoring facility to allow accurate sampling and compositing of samples for analysis. The monitoring facility shall be maintained at all times in a safe and proper operating condition at the expense of the facility owner.

(b) Whether the monitoring equipment is constructed on public or private property, plans and specifications shall be approved by the Director and be in accordance with all applicable City construction standards and specifications. The facility owner shall complete construction of the monitoring equipment within sixty (60) days following City's written notification to proceed, or within such other longer period specified in writing by the Director.

(Ord. 1072 § 1 (part), 2005)

The Director may inspect the facilities or property of any person to ascertain whether the purposes of this chapter are being met and compliance with the requirements of this chapter is being achieved.

(a) Owners or occupants of premises where stormwater is discharged shall allow the Director ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in performance of any of his or her duties.

(b) The Director shall have the right to install on any premise within the City such devices as are necessary to conduct sampling or metering operations. The owner or occupant shall be responsible for reimbursing the City for all costs pertaining to any inspection, investigation, sampling, monitoring and analysis performed by the City to establish billing rates and to ensure compliance with all applicable regulations.

(c) Where there are security measures in force that would require proper identification and clearance before entry to premises, the owner or occupant shall make necessary arrangements so that upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing his or her duties.

(Ord. 1072 § 1 (part), 2005)

(a) All information and data pertaining to any person obtained from reports, questionnaires, permit application, permits, monitoring programs and from inspections shall be available to the public or other governmental agency without restriction except as follows:

(1) Disclosure is not required by the California Public Records Act; and

(2) The person specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods that would be detrimental to the person's competitive position. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for investigative, research or other governmental purposes and shall be available for use by any governmental agency in judicial review or enforcement proceedings involving the person furnishing the report.

(b) Stormwater or wastewater constituents and characteristics will not be recognized as confidential information.

(Ord. 1072 § 1 (part), 2005)

Special agreements and arrangements between the Director and any persons or agencies may be established when, in the opinion of the Director, unusual or extraordinary circumstances compel special terms and conditions. However, in no case may applicable state or federal standards be waived or modified.

(Ord. 1072 § 1 (part), 2005)

The City shall retain each record pertaining to the activities, actions and services discussed in the chapter for five (5) years following its creation.

(Ord. 1072 § 1 (part), 2005)