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MapLink™ | Procedures | 7.3.3(L)-(N) Compliance Monitoring

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7.3.3(L)-(N) Compliance Monitoring
Access for maintenance and monitoring. To provide necessary access for maintenance and monitoring, water quality controls must be contained within a water quality easement or restricted platted lot. The easement documents shall note that water quality restrictions exist on the property or easement and that any alternative use or alteration must be approved by the City.

Compliance monitoring prior to and during construction.
1. Right of entry.
(i) Any applicant who has filed a permit application or received a permit under this section 7.3 shall allow entry by the City on the site for the purposes of inspection and monitoring.
(ii) Employees and agents of the City are entitled to enter any public or private property at any reasonable time for the purpose of inspecting and investigating conditions related to water quality and administration of this section 7.3.

2. Predevelopment inspection.
(i) After permit issuance, but before the installation of permanent erosion and sedimentation controls and before development commences, the applicant shall provide a written request to the City for an inspection of the temporary erosion controls and water quality controls.
(ii) The City Engineer must oversee the predevelopment inspection and determine whether the temporary erosion and sedimentation controls and water quality controls comply with the controlling permit.

3. Inspections during construction. During construction, the City will inspect the site to ensure that temporary and permanent erosion controls are being maintained and that the permanent NPS pollution controls (BMPs) are being constructed in accordance with the requirements of this section 7.3.

4. Final inspection.
(i) Upon completion of construction and receipt of a concurrence letter from the Engineer of Record, the City Engineer will conduct a final inspection of the NPS pollution controls used.
(ii) The applicant, design engineer, contractor, and field engineer must attend the final inspection.
(iii) The City Engineer will determine whether the NPS pollution controls are in compliance with the permit.

5. Concurrence letter. The applicant shall confirm that water quality controls are constructed in conformance with the approved design by providing a concurrence letter certified by the applicant’s design engineer.

6. Release of security. The permittee’s fiscal security will be released in accordance with subsection 7.3.3.O.

Compliance monitoring upon project completion.
1. General provisions.
(i) The City shall have the right to enter the premises of any site discharging stormwater to the stormwater drainage system or to water quality controls or to waters of the United States to determine if the Owner is complying with all requirements of this article and with any state or federal discharge permit, limitation, or requirement.
(ii) Owners must allow the City ready access (no more than 48 hours from time of request) to all parts of the premises for the purposes of inspection, sampling, and records examination and copying, and for the performance of any additional duties.
(iii) Owners shall make available to the City within five (5) working days, upon request, any SWPPPs, operating permits, site development permits, construction permits, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent, and any other records, reports, and other documents related to compliance with this Section 7.3 and with any state or federal discharge permit.
(1) The City shall have the right to set up on the owner’s property, or require installation of discharger’s operations.
(2) The City may require any owner whose property discharges to the stormwater drainage system or waters of the United States to conduct specified sampling, testing, analysis, and other monitoring of its stormwater discharges, and may specify the frequency and parameters of any such required monitoring.
(3) The City may require the owner to install monitoring equipment as necessary at the discharger’s expense. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the discharger at the written or verbal request of the City and shall not be replaced. The costs of clearing such access shall be borne by the owner.
(5) Unreasonable delays in allowing the City access to the discharger’s premises shall be a violation of this Subsection N.

2. Search warrants. If the City has been refused access to any part of the premises from which stormwater is discharged, and the City is able to demonstrate probable cause to believe that there may be a violation of this article or any state or federal discharge permit, limitation, or requirement, or that there is a need to inspect and sample as part of a routine inspection and sampling program of the City designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of a search warrant from any court of competent jurisdiction.

See § UDC-7.3.3L through § UDC-7.3.3N.