Truckee Municipal Code Ch. 11.05 Inspection, Monitoring, and Data Collection

A. The Town Manager 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 non-stormwater discharges to the MS4 or to the waters of the United States undertake at said person's expense such monitoring and analyses and to furnish such reports to the Town as the Town Manager shall deem necessary for determining that person's compliance with this chapter.

B. The owner or operator of any installed permanent stormwater treatment system or hydromodification control shall provide the Town Manager with information and physical access necessary to assess compliance with this title, with the Town's NPDES permit, and with any maintenance plan and provisions establishing operation and maintenance responsibilities for BMPs approved pursuant to section 18.30.050.C.3 of this code.

A. The enforcement official is authorized with reasonable cause to enter any premises for making an inspection to enforce this title, using the provisions of this code in any means consistent with the applicable law.

B. The enforcement official may conduct inspections related to purposes of implementing this title on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objective of this title, including, but not limited to, 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 non-stormwater to the Town storm drain system, or similar factors.

C. The enforcement official is authorized to inspect facilities, equipment, practices and operations and to inspect and copy all records at a facility that 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 the enforcement official to enter the premises for the purposes of conducting an inspection authorized by this chapter after the enforcement official has asked the owner or occupant of the property to enter thereon for the purposes authorized by this chapter, the Town may seek the assistance of a court of competent jurisdiction in order to facilitate compliance with this title.

D. During any inspection as provided herein, Town staff or contractors may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.

E. The Town Manager 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 inspections shall constitute a violation of this chapter.

F. Monitoring, Analysis and Reporting Authority. The Town Manager may erect and maintain or require any person discharging to the MS4 to erect and maintain monitoring devices for measuring any discharge or potential source of discharge to the MS4. Upon service of written notice by the Town Manager, 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.

G. If an inspection pursuant to this section results in an enforcement action, the Town may issue an invoice of costs and recover in an enforcement action its reasonable inspection costs.