§ 52.36  ACCESS TO FACILITIES.
   (A)   The Director, or an authorized representative, is authorized by § 52.51 of this chapter to enter and inspect construction sites subject to regulation under this subchapter.
   (B)   Site owners and/or operators shall allow the Director of Public Works, or an authorized representative, 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 or TPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
   (C)   The Director, or authorized representative, shall have the right to set up on any permitted construction site such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the construction site's stormwater discharge.
   (D)   Any temporary or permanent obstruction to safe and easy access to the site to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Director, or authorized representative, and shall not be replaced. The costs of clearing such access shall be borne by the operator.
   (E)   Unreasonable delays in allowing the Director, or authorized representative, access to a permitted construction site are a violation of a stormwater discharge permit and of this subchapter. A person who is the owner and/or operator of a construction site with an NPDES or TPDES permit, or site qualified to be covered by an NPDES or TPDES permit, to discharge stormwater associated with construction activity commits an offense if the person denies the Director reasonable access to the permitted construction site for the purpose of conducting any activity authorized or required by this chapter.
   (F)   If the city has been refused access to any part of the premises from which stormwater is discharged, and the Director 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 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 city may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 1680, passed 3-10-08)