The town shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this chapter.
(A) 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 town.
(B) The owner or operator shall allow the town ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.
(C) The town shall have the right to set up on any property or facility such devices as are necessary in the opinion of the town to conduct monitoring and/or sampling of flow discharges.
(D) The town may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the town. 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 flow and quality shall be calibrated to ensure their accuracy.
(E) 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 town and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(F) Unreasonable delays in allowing the town access to a facility is a violation of this chapter.
(G) If the town has been refused access to any part of the premises from which stormwater is discharged, and the town 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, environment and welfare of the community, then the town may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 2006-8, passed 11-27-06)