(A) The SSWU or its designated agent shall be permitted to enter and inspect any property or facilities subject to regulation under this section as often as may be necessary to determine compliance with this section. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access by the SSWU or its designated agent (Ord. 32-2005 § 24, as amended). (See Ch. 54 of this code of ordinances.)
(B) Facility operators shall allow the SSWU or its designated agent 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 NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(C) The SSWU or its designated agent shall have the right to install on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agent to conduct monitoring and/or sampling of the facility's discharge.
(D) The SSWU or its designated agent shall have the right to require the discharger to install monitoring equipment as necessary. The facility'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 flow and quality shall be calibrated to ensure their accuracy.
(E) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the SSWU or its designated agent and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(F) Any interference with allowing the SSWU or its designated agent access to a permitted facility is a violation of a storm water discharge permit and of this section. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the SSWU reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this section.
(G) If the SSWU or its designated agent has been refused access to any part of the premises from which storm water is discharged and is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section, or any order issued hereunder to protect the overall public health, safety and welfare of the community, the SSWU may seek all appropriate remedies from any court of competent jurisdiction, including the issuance of a search warrant (Ord. 32-2005 § 26, as amended). (See Ch. 54 of this code of ordinances.)
(Ord. 36-2007, passed 11-20-2007)