(A) Right of entry; inspection and sampling.
(1) The Town Administrator shall have the right to enter the premises of any person discharging stormwater to the municipal separate storm sewer system (MS4) or to waters of the United States to determine if the discharger is complying with all requirements of this chapter and with any state or federal discharge permit, limitation or requirement. Dischargers shall allow the Town Administrator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties. Dischargers shall make available to the Town Administrator, upon request, any SWPPPs, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent and any other records, reports and other documents related to compliance with this chapter and with any state or federal discharge permit.
(2) Where a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards so that upon presentation of suitable identification, the Town Administrator will be permitted to enter without delay for the purposes of performing his or her responsibilities.
(3) The Town Administrator shall have the right to set up on the discharger's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the discharger's operations.
(4) The Town Administrator may require any discharger to the MS4 or waters of the United States to conduct specified sampling, testing, analysis and other monitoring of its stormwater discharges, and may specify the frequency and parameters of any such required monitoring.
(5) The Town Administrator may require the discharger to install monitoring equipment as necessary at the discharger's expense. 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 stormwater flow and quality shall be calibrated to ensure their accuracy.
(6) 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 discharger at the written or verbal request of the Town Administrator and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
(7) Unreasonable delays in allowing the Town Administrator access to the discharger's premises shall be a violation of this chapter.
(B) Search warrants. If the Town Administrator has been refused access to any part of the premises from which stormwater is discharged and he or she is able to demonstrate probable cause to believe that there may be a violation of this chapter or any state or federal discharge permit, limitation or requirement, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city 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 Town Administrator may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 365, passed 12-12-2013)