A.Â
Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Part 2, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Part 2.
B.Â
Access to facilities.
(1)Â
The SMO shall be permitted to enter and inspect facilities subject
to regulation under this Part 2 as often as may be necessary to determine
compliance with this Part 2. 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 SMO.
(2)Â
Facility operators shall allow the SMO ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records as may be required to implement this Part 2.
(3)Â
The municipality shall have the right to set up on any facility subject
to this Part 2 such devices as are necessary, in the opinion of the
SMO, to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)Â
The municipality has the right to require the facilities subject
to this Part 2 to install monitoring equipment as is reasonably necessary
to determine compliance with this Part 2. 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 stormwater flow and quality shall be calibrated
to ensure their accuracy.
(5)Â
Unreasonable delays in allowing the municipality access to a facility
subject to this Part 2 is a violation of this Part 2. A person who
is the operator of a facility subject to this Part 2 commits an offense
if the person denies the municipality reasonable access to the facility
for the purpose of conducting any activity authorized or required
by this Part 2.
(6)Â
If the SMO 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 Part
2, 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 Part 2 or any order issued hereunder, then the SMO may seek issuance
of a search warrant from any court of competent jurisdiction.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into the MS4, said
person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the municipality in person or by telephone or facsimile no later than
the next business day. Notifications in person or by telephone shall
be confirmed by written notice addressed and mailed to the municipality
within three business days of the telephone notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.