A. Applicability. This section applies to all premises that have storm water discharges associated with industrial activity, including construction activity.
B. Access to premises.
1. The City of Grand Island’s designees shall be permitted to enter and inspect premises and facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. 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 City.
2. The City’s designees shall be given access to all parts of the premises for the purposes of: inspection; sampling; examination and copying of records that must be kept under the conditions of the National Pollutant Discharge Elimination System permit to discharge storm water; and the performance of any additional duties as defined by state and federal law.
3. The City may place upon the premises such devices as deemed necessary to conduct monitoring and/or sampling of discharges from the premises.
4. The City of Grand Island may require a person to install monitoring equipment as necessary. Sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition at no expense to the City. All devices used to measure storm water flow and quality shall be calibrated to ensure accuracy.
5. Any obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed at the request of the City and shall not be replaced. The costs of clearing such access shall not be paid by the City.
6. Unreasonable delays in allowing Grand Island City designees access to premises is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility or premises with a National Pollutant Discharge Elimination System permit to discharge storm water associated with industrial activity commits an offense if the person denies the City reasonable access for the purpose of conducting any activity authorized or required by this ordinance.
7. If a City of Grand Island designee has been refused access to any part of the premises from which storm water is discharged, the City of Grand Island may seek issuance of a search warrant from any court of competent jurisdiction.