2016-04-26_PWETC_AgendaPacket - Laserfiche WebLink

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J. Access to Facilities 1. When the City has determined that there is a danger to the health,safety or welfare of the public,city representatives shall be permitted to enter and inspect facilities subject to regulation under this ordinance to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises,the discharger shall make the necessary arrangements to allow access to city representatives. 2. In lieu of an inspection by a City representative,the property owner shall furnish a certificate from a licensed plumber,in a form acceptable to the City,certifying that the property has not discharged prohibited material into the municipal storm sewer system. Failure to provide such certificate of compliance shall make the property owner immediately subject to the suspension of storm sewer access as provided for in section M of this section until the property is inspected and/or compliance is met,including any penalties and remedies as set forth in section N below. 3. Unreasonable delays in allowing city representatives access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. 4. The City may seek issuance of a search warrant for the following reasons: a. If city representatives are refused access to any part of the premises from which storm water is discharged,and there is probable cause to believe that there may be a violation of this ordinance; or b. there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder;or c. to protect the overall public health,safety,and welfare of the community. K. Watercourse Protection. Every person owning property through which a watercourse passes or is directly adjacent to a watercourse,shall keep and maintain that part of the watercourse free of trash, debris,and other obstacles that would pollute,contaminate,or retard the flow of water through the watercourse.In addition,the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse,so that such structures will not become a hazard to the use,function,or physical integrity of the watercourse. L. Notification of Spills. Notwithstanding other requirements of law,as soon as any person has information of release of materials which result or may result in illegal discharges of pollutants into the storm sewer system,or water of the state,said person shall take all necessary steps to ensure the discovery,containment,and cleanup of such release according to state and federal laws. M. Suspension of Storm Sewer System Access 1. Suspension due to illicit discharges in emergency situation:The City may,without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment,to the heath or welfare of persons,to the storm sewer or waters of the state.If the violator fails to comply with a suspension order issued in an emergency,the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or the waters of the state,or to minimize danger to persons. 2. Suspension due to the detection of illicit discharge:All persons discharging to the MS4 in violation of this ordinance may have their access terminated if such termination serves to abate or reduce an illicit discharge.It is a violation of this ordinance to reinstate access to premises that have been terminated pursuant to this section without the prior approval of the City. N. Enforcement 1. Notice of Violation:A violation of this ordinance is a Public Nuisance.When it has been determined that a person has violated a prohibition or failed to meet a requirement of this Ordinance,the Public Works Director may order compliance by written notice of violation to the person(s)responsible for the violation. Such notice may require without limitation: a. The performance of monitoring,analysis,and reporting; b. The elimination of illicit connections or discharges; c. That violating discharges,practices,or operations shall cease and desist;