§ 9.8.5. Access, Inspection

The Department is permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this Division.

A.

If a property or facility has security measures in force that require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the Department.

B.

The owner or operator shall allow the Department ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.

C.

The Department shall have the right to set up on any property or facility such devices as are necessary, in the opinion of the Department, to conduct monitoring and/or sampling of flow discharges.

D.

The Department may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to its designees. This sampling and monitoring equipment is maintained at all times in a safe and proper operating condition by the owner or operator at his own expense. All devices used to measure flow and quality is calibrated to ensure their accuracy.

E.

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

F.

Unreasonable delays in allowing the Department access to a facility is a violation of this Division.

G.

If the Department has been refused access to any part of the premises from which stormwater is discharged, and the Department is able to demonstrate probable cause to believe that there may be a violation of this Division, 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 Division or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Department may seek issuance of a search warrant from any court of competent jurisdiction.