§ 1014-4.016. Authority to inspect.

(a)

Generally. Routine or area inspections may be performed as deemed necessary to carry out the objectives of this division, including, but not limited to, random sampling, sampling in areas with evidence of stormwater contamination, evidence of the discharges prohibited under Section 1014-4.006 to the stormwater system, or similar factors. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by county departments, including Contra Costa Health Services, and other public agencies or special districts, including but not limited to sanitary districts, sanitation districts, fire protection districts, the Contra Costa Mosquito and Vector Control District, regional water quality control boards, reclamation districts and municipal improvement districts.

(b)

Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, any authorized county employee may use on any property such devices as are necessary to conduct sampling or metering operations. During all authorized inspections, the authorized county employee may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.

(c)

Notification of Spills.

(1)

All persons in charge of a premises or responsible for emergency response for a premises have a responsibility to train premises personnel and maintain notification procedures to ensure that immediate notification is provided to the county of any suspected, confirmed or unconfirmed release of material, pollutants, or waste that creates a risk of discharges prohibited under Section 1014-4.006 into the county stormwater system.

(2)

As soon as any person in charge of a premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of discharges prohibited under Section 1014-4.006 entering the county stormwater system, such person shall take all necessary steps to ensure the discovery, containment, and clean up of such release, and shall promptly notify the director of the occurrences by telephone. 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 that may cause or contribute to discharges prohibited under Section 1014-4.006, to undertake such monitoring activities or analysis, or both, and furnish such reports as the employee may specify. The burden of the requirements imposed, including costs, of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and reports required in a timely manner.

(e)

Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this division, or whenever the director has reasonable cause to believe that there exists in any building or upon any premises any condition that makes such building or premises in violation of this division, the director may enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this division, with consent of the owner or occupant. If consent is refused, or if the owner or occupant cannot be located, the director may proceed pursuant to a search or inspection warrant.

(Ord. 2005-01 § 3, 96-21 § 3).