(A) Access to facilities.
(1) The Utility Department 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 that 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 Utility Department.
(2) Facility operators shall allow the Utility Department 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.
(B) Installation of monitoring devices and equipment.
(1) The Utility Department 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 Utility Director and/or the Town Council's designee(s), to conduct monitoring and/or sampling of the facility's storm water discharge.
(2) The Utility Department 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.
(C) Removal of obstructions. 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 Utility Department, and shall not be replaced. The costs of clearing such access shall be borne by the permit holder.
(D) Unreasonable delays in allowing access. Unreasonable delays in allowing Utility Department 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 Utility Department reasonable access to the permitted facility, for the purpose of conducting any activity authorized or required by this subchapter.
(E) Refusal of access. If the Utility Department has been refused access to any part of the premises from which storm water 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 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. 06-18-2013-2, passed 6-18-13)