(A) To assure compliance with this chapter, IDEM and/or the city may inspect, monitor and/or obtain storm water samples as often as necessary from storm water runoff facilities of any discharger to determine compliance with the requirements of this chapter. Upon request, the discharger shall allow IDEM's and/or the city's properly identified representative to enter upon the premises of the discharger at all hours necessary for the purposes of such inspection or sampling. 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 IDEM and/or the city. The city shall provide the discharger reasonable advance notice prior to such inspection and/or sampling but after such notice may access the property at any time to collect samples or perform inspections. IDEM and/or the city or its properly identified representative may place on the discharger's property the equipment or devices used for such sampling or inspection. The city shall also be permitted to examine and copy discharger 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. 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 and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(B) An unreasonable delay in allowing the city access to a permitted facility is a violation of a storm water discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge storm water 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.
(C) If the city has been refused access to any part of the premises from which storm water is discharged, and the city 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.
(D) 327 IAC 15-5-10, Inspection and enforcement, shall be applied accordingly to all storm water runoff facilities in the city.
(Ord. 35-2004, passed 10-12-04; Am. Ord. 37-2005, passed 10-11-05) Penalty, see § 157.999