(A) The Director of Public Works, subject to the provisions of Section 2.3, may enter upon and inspect
all properties for regular inspections, periodic investigations, monitoring, observation measurement, enforcement, sampling and testing, to effectuate the provisions of this subchapter and the SWMP programs.
(B) Upon refusal by any property owner, operator, or person to permit an inspector to enter upon the property or continue an inspection on the property, the inspector shall terminate the inspection or confine the inspection to portions of the property to which no objection is raised. The Director of Public Works will document the refusal and proceed according to the provisions of Section 2.3.
(C) In the event that the Director of Public Works reasonably believes that discharges from the property into a stormwater system may cause an imminent and substantial threat to the health, safety or welfare of the public or the environment, an inspection may be conducted.
(D) Inspection reports will be maintained in a permanent file located in the city’s Building Department.
(E) At any time during an inspection or at such other times as the Director of Public Works may request information from an owner, operator, or other responsible person, that owner, operator, or other responsible person may identify areas of his or her system or facility, any material, processes, or information that contain or might reveal a trade secret. If the Director of Public Works has no reason to question such identification, all material, processes and information obtained within such areas shall be conspicuously labeled “CONFIDENTIAL - TRADE SECRET.” The trade secret designation shall be freely granted to any material claimed to be such by the owner or representative unless there is clear and convincing evidence for denying such designation. In the event the Director of Public Works does not agree with the trade secret designation, the material shall be temporarily designated a trade secret and the owner or representative may appeal the Director of Public Works’ decision in the manner in which all such appeals are handled in this subchapter.
(Ord. 23-07, passed 9-25-07) Penalty, see § 53.99