14.29.050 Inspections and monitoring of discharges.
A. Access.
1. As a condition of service, all persons and premises connected to the municipal storm drainage system shall allow the city to:
a. Enter onto a person’s property at reasonable times after notice to, and with the permission of, the property owner to inspect the on-site stormwater drainage system, potential pollutant-generating sources, source control BMPs, any connection made to the on-site stormwater drainage system by the property owner or to install appropriate monitoring equipment. This provision shall not be interpreted to limit the city’s rights under any easement, license or right arising from public right-of-way.
b. Inspect records of the person relating to discharges to the city stormwater drainage system upon request and at reasonable times.
2. Failure to permit entry or inspection may result in the following actions or consequences:
a. The city may at its sole option seek a search warrant from a court of competent jurisdiction.
b. If it is later determined that a violation of this chapter has occurred, the violation shall be assumed to have been occurring from the date of the city’s original request and to have continued until discovered by the city. Each and every day shall be a separate violation. This presumption may be overcome by the presumed violator only by clear and convincing evidence that the violation began at a later date.
B. Confidential Information. Information and data furnished to the city with respect to the nature and frequency of discharge into the stormwater drainage system shall be available to the public or to other governmental agencies without restriction unless the person specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets or proprietary information of the person. When requested by a person furnishing a report, the portions of a report or other information which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to these regulations, the NPDES permit and/or other programs as amended; however, such portions of a report or other information shall be available for use by the city, the state, or any other public agency in enforcement proceedings involving the person furnishing the report. The constituents and characteristics of the stormwater will not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the person to the extent permitted by law.
C. The city may require either partial or complete cleaning of a stormwater drainage system whenever a prohibited substance (see LMC 14.29.040(A)) is found to be present in a stormwater drainage system. (Ord. 1638 §3, 2023; Ord. 1525 §2 (part), 2017).