Sugar Hill › Illicit Discharge and Illegal Connection Ordinance

Article 5

current as of 2005-07-15verified current · checked 2026-08-24Officialofficial source ↗2 sections · full chapter

§ 5.1

Access and Inspection

The director or his designee shall be permitted to enter and inspect premises, properties and facilities at reasonable times as often as may be necessary to determine compliance with this ordinance.

(1)If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the director or his designee.

(2)The owner or operator shall allow the director or his designee ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography and videotaping for the purpose of ensuring compliance with the provisions of this ordinance.

The owner or operator shall allow the director or his designee to examine and copy any records that are required under the conditions of an NPDES permit. The director or his designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency.

(3)The director or his designee shall have the right to set up on any premises, property or facility such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of discharges.

(4)The director or his designee may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the department. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. Measurements, tests and analyses performed shall be completed in accordance with 40 CFR Part 136, unless the director approves another method.

(5)Any temporary or permanent obstruction to safe and easy access to the premises, property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the director or his designee and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.

(6)Unreasonable delays in allowing the director or his designee access to a facility, property or premises shall constitute a violation of this ordinance.

(7)If the director or his designee has been refused access to any part of a premises, property or facility from which stormwater is or would likely be discharged, and the director or his designee is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that 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 to protect the overall public health, safety, environment and welfare of the community, then the department may seek issuance of a search warrant from any court of competent jurisdiction.

§ 5.2

Schedule

The director or his designee may determine inspection schedules necessary to enforce the provisions of this ordinance.

Section 6. Notification of Accidental Discharges and Spills Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of non-stormwater from that facility or operation which is resulting or may result in a discharge of that non-stormwater into the city separate storm sewer system, state waters, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

Said person shall notify the department by phone, facsimile or in person within 24 hours of discovering the discharge. Such notification shall detail the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department within three business days of the phone or in person notice. If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.

Failure to provide notification of a release or discharge as provided above is a violation of this ordinance.

Section 7. Violations, Enforcement and Penalties