(A) Applicability. This section applies to all facilities that have storm water discharges.
(B) Access to facilities.
(1) Entry. The city shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in place, which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency.
(2) Access and records. Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling and testing discharges for pollutants.
(3) Access obstructed. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall promptly be removed by the operator 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 operator.
(4) Access delayed. Delays in allowing the city access to a site or facility is a violation of this chapter. A person who is the operator of a facility with a discharge of storm water commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(5) Access denied. Denial of access to any premises or facility that discharges storm water is a violation of this chapter. If there is reasonable cause to believe that an illicit discharge or illegal connection exists on the premises then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction in addition to other enforcement actions provided in this chapter.
(C) Monitoring by city. The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge.
(D) Monitoring by discharger. The city has the right to require the discharger 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 discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
(Ord. 40-2006, passed 9-11-06)