(A) Inspection and monitoring. The authorized enforcement agency 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 authorized enforcement agency, or a representative thereof, 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 force, which require properidentification 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) Persons shall allow the authorized enforcement agency 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 authorized enforcement agency 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 stormwater discharge.
(4) The authorized enforcement agency may 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 stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the authorized enforcement agency, and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) Any obstruction delays in allowing the authorized enforcement agency access to a permitted facility is a violation of a stormwater discharge permit and of this chapter.
(7) 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 authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(8) If the authorized enforcement agency 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 chapter, 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 chapter, 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.
(BC Ord. 2006-13, passed 7-26- 06; Am BC Ord. 2024-06, passed 5-13-24) Penalty, see § 53.99