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(A) Applicability. This subchapter applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.
(B) Access to facilities.
(1) The City Manager, in accordance with § 95.33, shall be permitted to enter and inspect facilities subject to regulation under this subchapter as often as may be necessary to determine compliance with this subchapter. If a person has security measures in force which require proper identification and clearance before entry into its premises, the Person shall make the necessary arrangements to allow access to the City Manager.
(2) Facility operators shall allow the City Manager ready access to all parts of the premises for the purposes of inspection, photography, videotaping, 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 Manager shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City Manager to conduct monitoring and/or sampling of the facility's storm water discharge.
(4) The City Manager has the right to require the person 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 person at his/her own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. All monitoring conducted on site shall be under the supervision of a laboratory certified by the Florida Department of Environmental Protection.
(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 person at the written or oral request of the City Manager and shall not be replaced. The costs of clearing such access shall be borne by the person.
(6) Unreasonable delays in allowing the City Manager access to a permitted facility is a violation of this subchapter. A person who is the 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 Manager reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subchapter.
(7) If the City Manager has been refused access to any part of the premises from which stormwater is discharged, and there is 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 City Manager shall direct the City Attorney to seek issuance of an administrative search warrant from any court of competent jurisdiction.
(Ord. 2008-37, passed 5-15-08)