(A) Applicability. This section applies to the facilities that have stormwater discharges associated with an industrial activity, including construction activity.
(B) Access to facilities.
(1) The Engineer 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. The discharging party shall make the necessary arrangements to allow access to representatives of the city.
(2) Facility operators shall allow the Engineer 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 the AZPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(3) The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Engineer to conduct monitoring and/or sampling of the facility's stormwater discharge.
(4) The city shall have the right to require the discharger to install monitoring equipment as necessary. The facility sampling and monitoring equipment shall be maintained at all times in a safe and a proper operating condition by the discharging party, at its own expense. All devices used to measure stormwater flow and any 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 Engineer and shall not be replaced. The cost of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the Engineer access to a permitted facility are a violation of a stormwater discharge permit and of this chapter. The operator of the facility with an AZPDES permit to discharge stormwater associated with industrial activity commits an offence if the operator or one of his personnel denies the Engineer reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by the chapter.
(7) If the Engineer has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation to 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 city may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. O2005-15, passed 2-16-05)