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(A) Applicability. This section applies to industrial facilities that are regulated and are required to have a permit to discharge under the EPA multi- sector general permit (MSGP) and have stormwater discharges impacting or suspected of impacting on the town MS4. It also applies to any person subject to obtaining a NPDES permit for construction activities.
(B) Access to facilities.
(1) To the extent permitted by state law and if probable cause exists, or if authorized by the owner or other party in control of the property, the town Department of Public Works shall be permitted to enter and inspect facilities subject to regulation under this chapter for the purpose of performing their duties 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 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) Under the conditions for access stated in division (B)(1) above, facility operators shall allow the town Department of Public Works ready access to all parts of the premises for the purposes of inspection, sampling and 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 town Department of Public Works 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 town Department of Public Works 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 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 town Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the town Department of Public Works access to a permitted facility is a violation of this chapter. The operator of a facility required to have a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the town reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
(7) If the town Department of Public Works 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.
(Ord. O-2011-23, passed 5-11-2011) Penalty, see § 97.99