(A)   The city shall be permitted to enter and inspect premises as often as may be necessary to determine compliance with the illicit discharge conditions of this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.
   (B)   Facility operators shall allow the city 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, and the performance of any additional duties as defined by state and federal law.
   (C)   The city shall have the right to set up any devices on any premises as necessary, in the opinion of the city, to conduct monitoring and/or sampling of the premises' stormwater discharge.
   (D)   The city has the right to require a discharger to install monitoring equipment as necessary. In such cases, the facility's sampling and monitoring equipment shall be installed and maintained by the discharger at its own expense. The discharger shall maintain the monitoring equipment at all times in a safe and proper operating condition. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
   (E)   Any temporary or permanent obstruction which prevents the safe and easy access to a facility shall be promptly removed by the facility's operator at the written or oral request of the city. The costs of clearing such access shall be borne by the facility's operator.
   (F)   Unreasonable delays in allowing the city access to a permitted facility are a violation of this chapter. A person who is the operator of a such a facility commits an offense if the person denies the city reasonable access to the premises for the purpose of conducting any activity authorized or required by this section.
   (G)   If the city has been refused access to any part of the premises from which stormwater is discharged, and the city is able to demonstrate probable cause to believe that there may be a violation of this chapter, 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, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
   (H)   Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging the city's MS4 or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of spilled material, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of any spill, said person shall notify the city in person or by phone or facsimile no later than one business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the incident date.
(Ord. 2006-20, passed 11-21-06)