(A) Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity or construction activity.
(B) Access to facilities.
(1) The Board, or its designated representatives, shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance. 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 Board.
(2) Facility operators shall grant access to the Board, or its designated representatives, all parts of the premises for the purposes of inspection, sampling, examination and copying of records that are kept under the conditions of an NPDES permit, and the performance of any additional duties as defined by state and federal law.
(3) On any NPDES-permitted facility, the Board shall have the right to set up any devices necessary in order to conduct monitoring or sampling of the facility's storm water discharge.
(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the discharger at the request of the Board, or its designated representatives, and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
(5) Unreasonable delays in allowing the Board, or its designated representatives, access to a permitted facility are a violation of a storm water discharge permit and of this subchapter. A person who is the operator of a facility with a NPDES permit associated with industrial activity violates this subchapter if the person denies the Board, or its designated representatives, reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subchapter.
(6) If the Board, or its designated representative, has been refused access to any part of the premises from which storm water is discharged, and the Board or its designated representative 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 or sample as part of a routine inspection and sampling program designed to verify compliance with this subchapter, or to protect the overall public health, safety, and welfare of the community, then the Board may seek issuance of a search warrant from any court of competent jurisdiction.
(C) Sampling and monitoring. The Board has the right to require the discharger to install monitoring equipment as necessary at any commercial or industrial facility or any facility containing more than 3 residential units. The facility's 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 storm water flow and quality shall be calibrated to ensure their accuracy.
(Ord. 5283, passed 12-5-2011)