(A) Applicability. This section applies to all premises that have storm water discharges associated with industrial activity, including construction activity.
(B) Access to premises.
(1) The city shall be permitted to enter and inspect premises subject to regulation under this subchapter as often as may be necessary to determine compliance therewith. 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 unimpeded access to representatives of the city.
(2) A person responsible for a discharge 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 storm water, and the performance of any additional duties as defined by state and federal law.
(3) The city shall have the right to install upon any premises such devises as are determined by the city to be necessary to conduct monitoring and/or sampling of storm water discharge from the premises.
(4) The city may require the person responsible for a discharge to install monitoring equipment upon the premises as determined by the city to be necessary to conduct monitoring or sampling of storm water discharge from the premises. Such 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 devises used to measure stormwater flow and quality shall be calibrated to ensure accuracy.
(5) Any temporary or permanent obstruction to safe and unimpeded access to the premises to be inspected and/or sampled shall be promptly removed by the person responsible for the premises promptly upon written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the person responsible for the premises.
(6) Unreasonable delays in allowing the city access to the premises is a violation of a storm water discharge permit and of this subchapter. A person who is the operator of the premises with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the city reasonable access to the premises 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 the city has 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 may seek the issuance of a search warrant from any court of competent jurisdiction.
(Ord. 1201, passed 12-11-12)