(A) Inspection and monitoring. The city has the authority to periodically inspect any portion of the MS4, whether publicly or privately owned, to detect and eliminate illicit connections and discharges into the MS4. The inspection may include dry weather screening of discharges from outfalls connected to the MS4 to determine if prohibited flows are being conveyed into the MS4. It could also include spot testing of waters contained in the MS4 itself to detect the introduction of pollutants into the MS4 by means other than a defined outfall, such as dumping or contaminated sheet runoff.
(B) Access to facilities.
(1) The city shall be permitted to enter and inspect the premises 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 representatives of the city.
(2) Persons shall allow the city 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 city shall have the right to set up on the premises such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the premises’ stormwater discharge.
(4) The city may require the discharger to install monitoring equipment, as necessary. The premises’ sampling and monitoring equipment shall always be maintained 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 premises to be inspected and/or sampled shall be promptly removed by the person at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the person.
(6) Unreasonable delays in allowing the city access to the premises is a violation of a stormwater discharge permit and of this subchapter. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this subchapter.
(7) If the city 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 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 authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 34, 2004, passed 11-22-2004; Am. Ord. 20, 2023, passed 9-25-2023)