(A) Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
(B) Right of access to facilities. The county shall be permitted to enter and inspect property, facilities and construction activity sites subject to regulation under this chapter at all reasonable times and as often as may be necessary to determine compliance with this chapter or to perform any duty.
(1) If such a property, facility or construction site is occupied, then the county shall first present proper identification, and request entry. If such a property, facility or construction site is unoccupied, then the county shall first make reasonable efforts to locate the owner or other person having charge or control, and request entry from said person.
(2) The county shall have every remedy provided by law to secure entry, including but not limited to:
(a) The county may seek issuance of a search warrant from any court of competent jurisdiction if access to any part of the property, facility, or construction site from which stormwater is discharged, is denied to the county and:
1. The county can demonstrate there is probable cause to believe there is a violation of a provision of this chapter;
2. 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;
3. There is a need to protect the overall public health, safety, and welfare of the community; and
(b) The county may seek an administrative search warrant. If entry is refused, then the county shall have recourse to every remedy provided by law to secure entry.
(3) Notwithstanding any other provision of law to the contrary, in the event that a violation of a provision of this chapter constitutes an immediate danger to public health or public safety, then the county may enter the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.
(C) Inspection and sampling.
(1) The Divisions shall be permitted to enter, inspect and evaluate the premises or facilities, including construction activity sites subject to regulation under this chapter as often as may be necessary to determine and ensure compliance with this chapter.
(2) If a discharger has security measures in force which require proper identification and clearance before entry onto the premises or facilities subject to regulation under this chapter, then the discharger shall make all necessary arrangements to allow representatives of the county to gain access.
(3) The owner or operator of a premise or facility subject to regulation under this chapter shall:
(a) 1. Allow a Division to access all parts of the premise or facility from which stormwater is discharged, for the purposes of conducting inspections, sampling, examining and copying records required by NPDES permit to discharge stormwater, and the performance of any additional duties defined by federal and state law.
2. Said access shall be granted to a Division as often as may be necessary to determine compliance with the requirements of this chapter. Any owner or operator of a premise or facility having a NPDES permit to discharge stormwater associated with industrial activity, and who denies an authorized enforcement agent access to said premise or facility for the purpose of conducting any activity authorized by this chapter, violates the chapter.
(b) Remove any temporary or permanent obstruction to safe and easy access to said premise or facility at the written request of a Division, and shall not replace said obstruction. The owner or operator of said premise or facility shall solely bear the costs of removing the obstruction and providing safe and easy access.
(c) Provide samples requested by the Divisions free of charge, to the Divisions to allow necessary and appropriate tests to be conducted.
(d) Allow the Divisions to set up devices, deemed necessary in the opinion of the authorized enforcement agent to conduct monitoring and/or sampling of the stormwater discharge.
(e) Install monitoring and sampling equipment as deemed necessary in the opinion of the authorized enforcement agent to conduct monitoring and/or sampling of the stormwater discharge, upon the premise or facility. Said owner or operator shall maintain the monitoring and sampling equipment in a safe and proper operating condition at all times at its own expense. All devices used to measure stormwater flow and quality shall be calibrated according to the manufacturer's instruction to ensure the devices operate within their specified parameters.
(f) Allow the Divisions to take samples and conduct tests of soils, surface waters, ground water, air, raw materials, products, or other material or residual present at or emanating from the premise or facility, if said samples and tests are deemed necessary to demonstrate whether said premise or facility complies with this chapter. Said premise or facility shall not charge the Divisions for necessary sampling and tests.
(g) Allow the Divisions to have free access at reasonable times to inspect and copy at a reasonable cost, all business records related to the premise's or facility's NPDES permit to discharge stormwater, and to perform any other duty required by federal law.
(h) Allow the Divisions to record and document its findings in any reasonable and appropriate manner, including, but not limited to notes, photographs, photocopies, read outs from analytical instruments, videotapes, audio recordings, and computer storage systems or other electronic media.
(Ord. 92-2019, passed 4-16-19)