§ 201-10. Monitoring of Discharges.

A.

Applicability. This Section applies to all Premises that discharge stormwater.

B.

Access to Premises.

1.

The Authorized Enforcement Agency shall be permitted to enter and inspect Premises 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 the Authorized Enforcement Agency.

2.

All property owners shall allow Authorized Enforcement Agency 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 an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

3.

The Authorized Enforcement Agency shall have the right to set up on any Premises such devices as are necessary in the opinion of the Authorized Enforcement Agency to conduct monitoring and/or sampling of the Premises' stormwater discharge.

4.

The Authorized Enforcement Agency has the right to require the discharger to install monitoring equipment as necessary. The monitoring equipment shall meet all specifications required by the Authorized Enforcement Agency. The discharger shall provide the Authorized Enforcement Agency with copies of all such monitoring reports as the Agency may reasonably require, including but not limited to laboratory reports for selected parameters. The Premises' 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 by qualified personnel to ensure their accuracy.

5.

Any temporary or permanent obstruction to safe and easy access to the Premises to be inspected and/or sampled shall be promptly removed by the Owner at the written or oral request of the Authorized Enforcement Agency and shall not be replaced. The costs of clearing such access shall be borne by the Owner.

6.

Unreasonable delays in allowing the Authorized Enforcement Agency access to a Premises is a violation of this Chapter. A person who is the Owner of such Premises commits an offense if the person denies the Authorized Enforcement Agency reasonable access to the Premises for the purpose of conducting any activity authorized or required by this Chapter.

7.

If an Authorized Enforcement Agent 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 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.