This section applies to all properties that have stormwater discharges.
(A) The town shall be permitted to enter and inspect property subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter. If a discharger has security measures in force, which require proper identification and clearance before entry onto property, the discharger shall make the necessary arrangements to allow access to representatives of the town.
(B) Existing NPDES permit operators 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 a NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(C) The town has the right to establish on any permitted property such devices as are necessary in the opinion of the town to conduct monitoring and/or sampling of the stormwater discharge from the property. Sampling may include turbidity, conform, nutrients, suspended solids. Other testing devices for existing systems may include video recording, dye testing or similar techniques.
(D) The town has the right to require NPDES permittees discharging stormwater to install monitoring equipment as necessary. The facilities sampling and monitoring equipment shall be maintained at all times in a safe and operating condition by the discharger at his or her 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 property to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the town and shall not be replaced. The cost of clearing such access shall be borne by the property owner.
(F) Unreasonable delays in allowing the town access to a permitted property is a violation of a stormwater discharge permit and of this subchapter. A person who is the operator of a property with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the town reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subchapter.
(G) If the town has been refused access to any part of the premises from which stormwater is discharged, and 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 other order issued hereunder, or to protect the overall public health, safety and general welfare of the community, then the town may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. passed 11-11-05)