(A) The Lowell MS4 Operator shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as necessary to determine compliance with this subchapter.
(B) Persons shall allow the Lowell MS4 Operator ready access to all parts of the premises for the purpose 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 law.
(C) The Lowell MS4 Operator shall have the right to set up on any permitted facility such devices as necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s storm water discharge.
(D) The Lowell MS4 Operator has 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 storm water flow and quality shall be calibrated to their accuracy
(E) Any temporary or permanent obstruction to the facility being inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Lowell MS4 Operator and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(F) Unreasonable delay and/or denial of access to a permitted facility are violations of a storm water discharge permit and this subchapter. The Lowell MS4 Operator is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. 2005-02, passed 1-24-05; Am. Ord. 2006-25, passed 12-28-06; Am. Ord. 2019-10, passed 5-28-19) Penalty, see § 53.199