(A) Access to facilities and properties.
(1) The Town or representative thereof shall be permitted to enter and inspect properties and 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 Town.
(2) Facility operators and property owners shall allow the Town 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 Town shall have the right to set up on any property or facility such devices as are necessary in the opinion of the Town to conduct monitoring and/or sampling of a stormwater discharge.
(4) The Town has the right to require the discharger to install monitoring equipment as necessary. The 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 a facility or property to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Town and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(6) Unreasonable delays in allowing the Town access to a facility or property is a violation of this chapter.
(7) If the Town 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 Town may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 2016-42, passed 1-12-17)