Sec. 26-184.  Access and inspection of properties and facilities.

 

The city engineering division or designee shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

 

(a)  The city shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article.  If a discharger has security measures in force which require proper identification and clearance before entry into its premises, provisions should be in place to allow access to representatives of the authorized enforcement agency.

 

(b)  Facility operators shall allow the city 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 a National Pollutant Discharge Elimination System permit to discharge storm water, and performance of any additional duties as defined by state and federal law.

 

(c)  The city 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 storm water discharge.

 

(d)  The city has the right to require the discharger to procure and 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 storm water flow and quality shall be calibrated to ensure their accuracy.

 

(e)  The temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the owner and/or operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the owner and/or operator.

 

(f)  Unreasonable delays in allowing the city facility access to a permitted facility are a violation of a storm water discharge permit and of this article.  A person who is the operator of a facility with a National Pollutant Discharge Elimination System permit to discharge storm water 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 article.

 

(g)  If the city has been refused access to any part of the premises from which storm water is discharged, and the city is able to demonstrate probable cause to believe that there may be a violation of this article, 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 article 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 an inspection warrant or search warrant from any court of competent jurisdiction. 

 

Source:  Ord. No. 5086, 1, 8-3-09; Ord. No. 5237, 1, 12-3-12