Any person who owns or has control of any premises which directly or indirectly discharges storm water to the municipal separate storm sewer system shall permit all duly authorized employees of the control authority bearing proper credentials and identifications to enter upon all such premises for the purpose inspection, observation, measurement, sampling, and testing to determine compliance with the provisions of this article and to comply with the following inspection and monitoring requirements as applicable:
(1) The city shall be permitted to enter and inspect premises subject to regulation under this article as often as may be necessary to determine compliance with this article. 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.
(2) The owner or any person in control of any premises subject to regulation under this article 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 to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(3) The city shall have the right to set up on any premises such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the facility's storm water discharge.
(4) The city has the right to require any 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 ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the owner.
(6) Unreasonable delays in allowing the city access to a permitted facility is a violation of a storm water discharge permit and of this article. A person who is an operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
(7) If the city has been refused access to any part of the premises from which storm water is discharged, and the city is able to demonstrate probable cause to believe that there may be a violation of this article, 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 article 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. No. 158, 2-5-2007)