§ 11A-9. Enforcement.

(a)

Inspections. Routine or area inspections by the county shall be based upon such reasonable selection process 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 where there is evidence of stormwater contamination, discharge of non-stormwater to the stormwater system, or similar activities. Such inspections may also be done in conjunction with routine inspections conducted by other public agencies such as the Environmental Health Division of the Department of Health Services and/or the Hazardous Materials Division of the Department of Emergency Services.

(b)

Authority to Sample and Establish Sampling Devices. With the consent of the owner or the occupant of property or pursuant to a search or inspection warrant, any authorized county employee may take such samples and meter such discharges as the administrative authority deems necessary to determine whether a non-stormwater discharge has taken place or is taking place and to determine the magnitude of such discharges. Such county employee may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the administrative authority may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

(c)

Training of Employees—Notification of Spills. The owner of a commercial facility or the persons responsible for emergency response for a commercial facility have the responsibility to train facility personnel and maintain notification procedures to assure:

(1)

Immediate notification is provided to the county administrative authority of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the county stormwater drain system.

(2)

Immediate notification is given to the "911" emergency response system if said discharge poses an immediate threat to the public health or safety and/or the environment.

(3)

Written notification is provided to the county administrative authority within five (5) working days.

(i)

Training of personnel shall assure that all BMPs are being fully and correctly implemented and that all releases of any non-stormwater discharge or of any pollutant that threatens to enter the county's stormwater system are immediately recognized and that appropriate response is taken in the event of such release.

(ii)

As soon as any person in charge of a commercial facility or who is responsible for emergency response for a commercial facility has knowledge of, or reasonably could be expected to have knowledge of, any suspected, confirmed or unconfirmed release of a non-stormwater discharge entering, or of any pollutant that is threatening to enter, the county stormwater system from such facility, such person take all necessary steps to ensure the early discovery and containment and clean up such release and shall immediately notify the county administrative authority. In addition, written notification shall be given to the county administrative authority within five working days. This written notification shall contain as a minimum a narrative describing the circumstances resulting in the release, or threatened release, the efforts taken to clean up the release and the measures being taken to prevent reoccurrence. This notification requirement is in addition to, and not in lieu of, other required notifications.

(d)

Requirement to Test or Monitor. Any authorized county employee may require that any person engaged in any activity or owning or operating any commercial facility that may cause or contribute to illicit discharges, undertake such monitoring activities and/or analysis and furnish such reports as the authorized employee may specify. The burden, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring and/or analysis and reports and the benefits to be obtained. The recipient of such a requirement shall undertake and provide the monitoring, analysis and reports required.

(e)

Order to Cease and Desist. When the county administrative authority finds that the discharge from a commercial facility is taking place, or is threatening to take place, in violation of the prohibitions of this chapter or any other discharge control requirements, the county administrative authority may issue a written order to cease and desist and may direct the discharge to:

(1)

Comply forthwith with the order and to cease those operations that result or threaten to result in discharges which violate any prohibition or limit of this chapter until such time as the administrative authority states in writing that he or she is satisfied that BMPs will remove the threat are in place;

(2)

Comply with the order in accordance with a time schedule set by the administrative authority; or

(3)

In the event of a threatened violation take appropriate remedial or preventative action.

(f)

Require that the Discharger Submit a Schedule of Remedial or Preventative Action. When the administrative authority finds that the discharge from a commercial facility is taking place, or is threatening to take place, in violation of the code requirements, the administrative authority may issue an order to cease and desist and may direct the discharger to submit for her or his approval a detailed time schedule of specific actions the discharger shall take to correct or prevent the violation of such prohibitions and requirements.

(g)

Predischarge Facility. When source reduction BMPs are, in the opinion of the administrative authority, inadequate to prevent actual or potential prohibited discharges from a commercial facility to the county's stormwater system, the administrative authority may require that the owner of the commercial facility provide, at the owner's expense, predischarge facilities necessary to reduce the pollutant load at a point prior to discharge from said facility or to any element of the county's stormwater system. The administrative authority may further require that the owner of the commercial facility, at the owner's expense, provide a monitoring access hole so that the pollutant loading may be periodically measured. Examples of predischarge facilities are oil/grease interceptors and sand/silt interceptors.

Plans, specifications, and other pertinent factors related to the aforementioned predischarge facilities shall be submitted to the county for approval by the administrative authority. Construction of the proposed facilities shall not commence until the administrative authority's approval is obtained in writing and use of the facilities shall not commence until the completed facilities are approved in writing by the administrative authority. Such facilities, once approved, shall be continuously maintained in satisfactory operating condition to the satisfaction of the administrative authority.

(Ord. No. 5819, § 6, 12-9-2008.)