§ 215-10. Monitoring of discharges.

A. 

Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity or construction activity.

B. 

Access to Facilities.

(1) 

The Building Official shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. 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 representatives of the authorized enforcement agency.

(2) 

Facility operators shall allow the Building Official ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

(3) 

The Building Official shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge.

(4) 

The Building Official has the right to require the discharger to install monitoring equipment as necessary. 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.

(5) 

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Building Official and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6) 

Unreasonable delays in allowing the Building Official access to a permitted facility are a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with Industrial Activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.

(7) 

If the Building Official has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, 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 chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.

C. 

Maintenance and Inspection Requirements.

(1) 

During Construction. The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The applicant or developer or representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be delivered to the Stormwater Management Officer and copied to a site log book.

(2) 

After Construction.

(a) 

Prior to the issuance of any approval that includes permanent stormwater management practices ("SMP"), the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners. The easement shall provide for access to the premises at reasonable times for periodic inspection by the City of New Rochelle to ensure that the SMP is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Corporation Counsel.

(b) 

The owner or operator of permanent SMP installed in accordance with this chapter shall ensure that it is operated and maintained to achieve the goals of this chapter. Proper operation and maintenance also includes, as a minimum, the following:

[1] 

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this chapter.

[2] 

Written procedures for operations and maintenance and training new maintenance personnel.

[3] 

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations.

(3) 

Maintenance Agreements. The applicable approval authority shall approve a formal maintenance agreement binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The City of New Rochelle, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future SMP, provided such facilities meet all of the requirements of this chapter and includes adequate area, by easement or otherwise, for inspection and regular maintenance.