(A) The town’s Utility Supervisor and/or the Town Council’s designee(s) shall be permitted to enter and inspect the premises of a permit holder subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter. If a permit holder has security measures in force which require proper identification and clearance before entry into its premises, the permit holder shall make the necessary arrangements to allow access to representatives of the town’s Utility Supervisor and/or the Town Council’s designee(s).
(B) Facility operators shall allow the town’s Utility Supervisor and/or the Town Council’s designee(s) ready access to all parts of the permit holder’s 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 storm water and the performance of any additional duties as defined by state and federal law.
(C) The town’s Utility Supervisor and/or the Town Council’s designee(s) shall have the right to install and maintain on any permit holder’s facility such devices as are necessary in the opinion of the town’s Utility Supervisor and/or the Town Council’s designee(s) to conduct monitoring and/or sampling of the facility’s storm water discharge.
(D) The town’s Utility Supervisor and/or the Town Council’s designee(s) may require the permit holder to install monitoring equipment as necessary. The permit holder’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the permit holder at its own expense. All devices used to measure storm water 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 permit holder at the written or oral request of the town’s Utility Supervisor and/or the Town Council’s designee(s) and shall not be replaced. The costs of clearing such access shall be borne by the permit holder.
(F) Unreasonable delays in allowing the town’s Utility Supervisor and/or the Town Council’s designee(s) access to a permit holder’s facility is a violation of a storm water discharge permit and of this subchapter. A permit holder that discharges storm water associated with industrial activity commits an offense if the person denies the town’s Utility Supervisor and/or the Town Council’s designee(s) reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subchapter.
(G) If the town’s Utility Supervisor and/or the Town Council’s designee(s) has been refused access to any part of the premises from which storm water is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this subchapter, 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 subchapter or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the town’s Utility Supervisor and/or the Town Council’s designee(s) may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 2005-12, passed 11-21-2005) Penalty, see § 152.99