Section 12A-192 Monitoring of discharges.

    (a)    Applicability.  This section applies to all facilities which have storm water discharges associated with the facility activity including construction activity.

    (b)    Access to facilities:

(1)    Enforcement officers are authorized to enter and inspect facilities subject to regulation under this article to determine compliance with this article.  If a discharger has security measures in force which require proper identification and clearance before entering its premises, the discharger shall be given the opportunity to make the necessary arrangements to allow access to the enforcement officers.  If an enforcement officer is denied entry to the property, the officer or city prosecutor may apply to the municipal court for a warrant under the provisions of Chapter 15 of this code.

(2)    Facilities operators shall allow enforcement officials ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records which must be kept under the conditions of an NPDES permit, or local or other state permits to discharge storm water and the performance of any additional duties as defined by state and federal law.  If an enforcement officer is denied such access, the officer or city prosecutor may apply to the municipal court for a warrant under the provisions of Chapter 15 of this code.

(3)    The enforcement officer may install devices on any facility to monitor and sample the facility’s storm water discharge.  If an enforcement officer is not allowed to install such a device, the officer or city prosecutor may apply to the municipal court for a warrant under the provisions of Chapter 15 of this code.

(4)    An enforcement officer may require a discharger to install monitoring equipment.  The discharger shall maintain the facility sampling and monitoring equipment at all times in a safe and proper operating condition.  All devices used to measure storm water flow and quality shall be calibrated to insure their accuracy.

(5)    At the request of an enforcement officer, a discharger shall promptly remove any obstructions to safe and easy access to a facility to be inspected.  The obstructions shall not be replaced.

(Ord. No. 18297, § 1, 11-1-04)


(Ord. 18297, Added, 11/01/2004)