(a) Representatives of the department of environmental quality and the division of engineering shall, upon presentation of identification and credentials, be permitted to enter and inspect construction sites, industrial facilities, commercial facilities, and institutional facilities that are subject to regulation under chapter 16 but only as necessary to determine compliance with provisions of chapter 16 applicable to such facilities.
(b) Representatives of the department of environmental quality and the division of engineering shall, upon presentation of identification and credentials, be permitted to enter and inspect the exterior portions of residential properties at reasonable times when probable cause exists that there may be a violation of chapter 16 as may be necessary or convenient to determine compliance with provisions of chapter 16 applicable to such residential properties.
(c) In conducting any inspections pursuant to this section, representatives of the department of environmental quality and division of engineering shall be allowed reasonable access to all those parts of the premises with erosion control preparations or activities for the purposes of inspection, sampling, examination, photographing, recording, and copying of records that are required to be kept under chapter 16, and the department of environmental quality shall have the right to set upon any such property devices as are necessary in the opinion of the commissioner of the department of environmental quality to conduct monitoring and/or sampling of wastes, stormwater runoff, air emissions, or wastewaters.
(d) In conducting any inspections pursuant to this section, the department of environmental quality or division of engineering shall, upon written request of the owner/manager, enter into appropriate agreements to protect the confidentiality of records or other information furnished to the department of environmental quality that is trade secret or confidential business information.
(e) It shall be a violation of chapter 16 for any person to impede or obstruct the safe and easy access of a representative of the department of environmental quality or the division of engineering in conducting an inspection authorized by this section.
(f) It shall be a violation of chapter 16 for any person to impede or obstruct the safe and easy access of a representative of the department of environmental quality or division of engineering in conducting an inspection authorized by this section.
(Ord. No. 143-2009, § 19, 7-7-09; Ord. No. 151-2010, § 3, 8-26-10)