(A) Applicability. This section applies to all premises that discharge storm water associated with an industrial activity or a construction activity.
(B) Access to premises.
(1) The authorized enforcement agent shall be permitted to enter and inspect premises subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter. 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 the authorized enforcement agent.
(2) Premises operators shall allow the authorized enforcement agent to all parts of the premises for the purpose of inspection, sampling, examination and copying of records that must be kept pursuant to the requirements of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. 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 authorized enforcement agent and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(3) The authorized enforcement agent shall have the right to set up on any premises such devices as are necessary, in the opinion of the authorized enforcement agent, to conduct monitoring and/or sampling of the premises’ storm water discharge.
(4) The authorized enforcement agent 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 ensure their accuracy.
(5) Unreasonable delays in allowing the town’s authorized agent access to a permitted facility is a violation of a storm water discharge permit and of this subchapter. A person who is the operator of premises with a NPDES storm water discharge permit associated with industrial activity commits an offense if the person denies the town’s authorized agent reasonable access to the permitted premises for the purpose of conducting any activity authorized or required by this subchapter.
(6) If the authorized enforcement agent has been refused access to any part of the premises from which storm water is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this subchapter, 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 subchapter or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the town may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 2028, passed 4-18-2006)