(A) Inspections. The Department shall be permitted to enter and inspect any facility or property that directly or indirectly discharges waters or materials into the county MS4 or into any watercourse within the corporate limits of the county, even if only occasionally, 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 into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Department.
(B) Access. Facility operators and property owners shall allow the Department ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of the 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.
(C) Equipment. The Department shall have the right to set up in any facility or on any property that has a permit to discharge into the county MS4 those devices that are reasonably necessary to conduct monitoring and/or sampling of the storm water discharge.
(D) Monitoring. The Department has the right to require the discharger to install monitoring equipment and to obtain and analyze storm water samples of any commercial or industrial facility or any property containing more than three residential units. The facility’s or property’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.
(E) Removal of obstructions.
(1) Any temporary or permanent obstruction to safe and easy access to the facility or property to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Department and shall not be replaced if so requested.
(2) The costs of clearing that access shall be borne by the operator.
(F) Search warrant. If the Department has been refused access to any part of the premises from which storm water is discharged, and the Department 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 or 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, the Department may seek issuance of a search warrant from any court of competent jurisdiction within the county.
(Prior Code, § 36-9-28.5-4) (Ord. 06-293, passed 6-5-2006, 2006 COM REC 293–303) Penalty, see § 154.999