(A) The Stormwater Administrator or designee shall have right-of-entry on or upon the property of any person subject to this chapter and any permit/document issued hereunder. Right-of-entry shall be with probable cause and after actual notice to the landowner. The Stormwater Administrator or designee shall be provided ready access to all parts of the premises for the purposes of inspecting, monitoring, sampling, inventorying, examining and copying of records, and performing any other duties necessary to determine compliance with this chapter.
(B) The terms of the county’s inspection may be on any reasonable basis, including but not limited to:
(1) Routine inspections;
(2) Random inspections;
(3) Inspections based upon complaints or other notice of possible violations;
(4) Inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants;
(5) Inspection of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharges to cause violations of the county’s NPDES Stormwater Permit; and
(6) Joint inspections with other agencies inspecting under environmental or safety laws.
(C) Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities and other best management practices. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the corrective actions procedures as outlined in §§ 152.034 and 152.064 apply.
(D) The county shall have the right of entry to private property for the purpose of determining if a land disturbing activity is being conducted without an approved stormwater sediment and control plan, conducting inspections and taking enforcement actions. Right of entry shall be with probable cause.
(Ord. 2819, passed 6-17-19)