(A) The City Stormwater Utility Superintendent or employees shall be permitted to enter and inspect the premises of a permit holder subject to regulation under Ordinance No. 1495 and its amendments as often as may be necessary to determine compliance with this chapter. The entirety of Ordinance No. 1495 is incorporated by reference as though restated herein. If any provision of this chapter shall conflict with Ordinance No. 1495, then, with respect to engineering practices, policies, procedures, and discharge, Ordinance No. 1495 shall prevail. 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.
(B) Facility operators shall allow the City Stormwater Utility or its employees 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.
(C) The City Stormwater Utility shall have the right to install and maintain 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.
(D) The City Stormwater Utility may 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.
(E) 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 City Stormwater Utility and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(F) Unreasonable delays in allowing the City Stormwater Utility access to a permitted facility is a violation of a stormwater discharge permit and of Ordinance No. 1495. A person who is the operator of a facility with an NPDES permit who discharges stormwater associated with industrial activity is deemed to be committing 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.
(G) If the City Stormwater Utility has been refused access to any part of the premises from which stormwater is discharged and he or she is able to demonstrate probable cause to believe that there may be a violation of this chapter or Ordinance No. 1495 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.
(Ord. CC-O-2018-001, passed 6-18-2018)