(a) The City of Middletown shall be permitted to enter and inspect facilities subject to regulation under §§ 1050.20 through 1050.29 as often as may be necessary to determine compliance. If a discharger has security measures in place, which requires 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 a NPDES permit to discharge storm water, and the performance of any additional duties as defined by federal, state and local law.
(1) Any temporary or permanent obstruction to safe and easy access to the facility 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 or operator of the premises.
(2) Unreasonable delays in allowing the City access to the premises are a violation of this chapter. A person 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 chapter.
(3) If the City has been refused access to any part of the premises from which storm water or non-storm water is discharged, and it 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 chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare, then the City may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. O2008-29, passed 4-1-2008)