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§ 52.09 MONITORING OF DISCHARGES.
   (A)   Applicability. This section applies to all facilities that have stormwater discharges associated with industrial, commercial or construction activity.
   (B)   Access to facilities.
      (1)   The Town Planning and Zoning Commission, its agent(s) and the Town Engineer shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
      (2)   Facility operators shall allow the Town Planning and Zoning Commission, its agent(s) and the Town Engineer 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 stormwater, and the performance of any additional duties as defined by state and federal law.
      (3)   The Town Planning and Zoning Commission, its agent(s) and the Town Engineer shall have the right to set up on any permitted facility devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility’s stormwater discharge.
      (4)   The Town Planning and Zoning Commission, its agent(s) and the Town Engineer have 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 stormwater flow and quality shall be calibrated to ensure their accuracy.
      (5)   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 Town Planning and Zoning Commission, its agent(s) and the Town Engineer and shall not be replaced. The costs of clearing the access shall be borne by the operator.
      (6)   Unreasonable delays in allowing the access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial, commercial or construction activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
      (7)   If the Town Planning and Zoning Commission, its agent(s) and the Town Engineer has been refused access to any part of the premises 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 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 of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. passed 7-14-2008) Penalty, see § 52.99
§ 52.10 REQUIREMENT TO PREVENT, CONTROL AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
   The Town Planning and Zoning Commission, its agent(s) and the Town Engineer will adopt requirements identifying best management practices for any activity, operation or facility that may cause or contribute to pollution or contamination of stormwater, the storm drain system or waters of the state. The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at the person’s expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial or commercial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) or stormwater management plan (SMP) as necessary for compliance with requirements of the NPDES permit.
(Ord. passed 7-14-2008)
§ 52.11 WATERCOURSE PROTECTION.
   Every person owning property through which a watercourse passes, or that person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that the structures will not become a hazard to the use, function or physical integrity of the watercourse.
(Ord. passed 7-14-2008) Penalty, see § 52.99
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