(A) Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.
(B) Access and Inspection of properties and facilities. The enforcement authority shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.
(1) If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the enforcement authority;
(2) The owner or operator shall allow the enforcement authority ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of records that must be kept under the conditions of an NPDES or KPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
(3) The enforcement authority shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the enforcement authority to conduct monitoring and/or sampling of flow discharges.
(4) The enforcement authority has the right to require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the Enforcement Authority. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her 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 property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the enforcement authority and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(6) Unreasonable delay in allowing the enforcement authority access to a facility is a violation of this article.
(7) If the enforcement authority has been refused access to any part of the premises from which stormwater is discharged, and the enforcement authority is able to demonstrate probable cause to believe that there may be a violation of this ordinance, 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 ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the enforcement authority may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 2009-03-05, passed 3-5-09)