A. This section applies to all facilities that have stormwater discharges including construction activity.
B. The department is permitted to enter and inspect MS4 facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. 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.
C. Facility operators shall allow the department ready 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 an MPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
D. The department has the right to set up on any permitted facility such devices as are necessary in the opinion of the department to conduct monitoring or sampling of the facility's stormwater discharge.
E. The department has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment must be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality must be calibrated to ensure their accuracy.
F. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled must be promptly removed by the operator at the written or oral request of the department and may not be replaced. The cost of clearing such access is borne by the operator.
G. Unreasonable delay in allowing the department access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with an MPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the department reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
H. If the department has been refused access to any part of the premises from which stormwater is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this chapter, 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 chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a court order from any court of competent jurisdiction. (Ord. 3120, 12-21-2009)