A. Applicability. This section applies to all properties, including: (1) industrial facilities, (2) commercial facilities, and (3) parcels undergoing construction activities, that have storm water discharges regardless of whether associated with a city discharge permit.
B. All dischargers shall grant the director reasonable access to all relevant parts of the premises for the purposes of inspection, sampling, examination, copying of records that must be kept under the conditions of any discharge permit or agreements, monitoring compliance with all discharge permits, and performing any additional duties as defined by state and federal law. "Reasonable access" means, at a minimum, access during normal business hours, without prior notice, to all portions of a parcel and the improvements thereon which may contribute to a storm water discharge, subject only to bona fide safety or security precautions. Each city discharge permit or other agreement if applicable shall contain provisions granting the city appropriate inspection rights. If the applicant has bona fide safety or security measures in force, the applicant shall make the necessary arrangements to allow prompt access by personnel from the city or its designated enforcement agent.
C. The director shall have the right to set up on any operator's property or any other representative location such devices as are deemed necessary to conduct sampling, inspection, compliance monitoring and/or metering of the facility's discharges.
D. The director may require the operator to install sampling and monitoring equipment at the operator's expense. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the operator, at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure accuracy.
E. Any temporary or permanent obstruction to safe and easy access to the area or facility to be inspected or sampled shall, unless part of a BMP, be promptly removed by the operator at the written or verbal request of the director. The costs of providing such safe and easy access shall be borne by the operator.
F. The director's request for reasonable access to a facility for the purposes of conducting any activity authorized or required by this chapter shall not be unreasonably delayed by an operator. Any unreasonable delay or refusal of access constitutes a violation of this ordinance and any discharge permits or applicable agreements. (Ord. 29-20, 2020: Ord. 53-07 § 18, 2007)