(A) The Stormwater Manager 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 Stormwater Manager will document the refusal and proceed according to this chapter.
(C) In the event that the Stormwater Manager 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 town’s Building Department.
(E) At any time during an inspection or at such other times as the Stormwater Manager 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 Stormwater Manager 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 Stormwater Manager 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 Stormwater Manager’s decision in the manner in which all such appeals are handled in this subchapter.
(Ord. 2012-19, passed 11-15-2012; Ord. 2018-15, passed 12-20-2018)