§ 153.28  AUTHORITY AND RIGHT-OF-ENTRY.
   (A)   The town shall have right-of-entry on or upon the property of any person subject to this subchapter and any permit/document issued hereunder. The town shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination, and copying, and the performance of any other duties necessary to determine compliance with this subchapter.
   (B)   Where a property, site or facility has security measures in force which require proper identification and clearance before entry into its premises, the responsible party shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the town will be permitted to enter without delay.
   (C)   Access by the town shall include the right to erect upon the property such devices as are necessary to conduct sampling and/or metering of storm water operations or discharges.
   (D)   Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly upon request and at no cost to the town.
   (E)   The town may inspect the facilities of any person in order to ensure compliance with this subchapter. Except in an emergency relating directly to the health, safety, and welfare of the public, an inspection shall be made only after reasonable notice to and the consent of the responsible party. However, if such consent is refused, denied, or not promptly tendered, the town may seek appropriate judicial orders permitting such entry.
   (F)   The town has the right to determine and impose inspection schedules necessary to enforce the provisions of this subchapter. Inspections may include, but are not limited to, the following:
      (1)   An initial inspection prior to storm water management plan approval;
      (2)   An inspection prior to burial of any underground drainage structure;
      (3)   Erosion control inspections as necessary to ensure effective control of sediment prior to discharge to the municipal separate storm sewer system;
      (4)   A finish inspection when all work, including installation of storm management facilities, have been completed; and
      (5)   An inspection to determine the effectiveness or operational viability of a permanent or long-term storm water quality management practice.
(Ord. G-12-02, passed 1-17-2012)