(A) Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.
(B) Access to facilities.
(1) To the fullest extent permitted by law, Compliance Officers bearing proper identification are authorized by this subchapter to enter and inspect regulated facilities to determine compliance with this subchapter.
(2) Facility operators shall allow Compliance Officers reasonable access to all parts of the premises for the purposes of inspecting, monitoring, sampling, measuring or testing the facility’s stormwater discharge. Compliance Officers shall also be allowed reasonable access for the purpose of copying records that must be kept under the conditions of an NPDES permit.
(3) If a Compliance Officer has been refused access to any part of the premises of a facility from which stormwater is discharged, and he or she is able to demonstrate probable cause to believe that there may be a violation of this subchapter involving illicit discharges or pollutants discharging into stormwater, the MS4 or waters of the state; 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 Compliance Officer may seek issuance of a search warrant from any court of competent jurisdiction to conduct of an investigation concerning compliance with the terms of this subchapter.
(Ord. passed 10-4-2016)