A.
Right to Enter to Inspect. The Administrator is hereby authorized to enter onto private property within the Town for the sole purpose of inspecting, monitoring, or investigating the possible or potential source of a discharge to the storm drain system or watercourses, as provided in Chapter 8.05 of this Municipal Code.
B.
Compliance Assessments. The Administrator may inspect property for the purpose of verifying compliance with this chapter, including, but not limited to:
1.
Identifying products produced, processes conducted, chemicals used, and materials stored on or contained within the property;
2.
Identifying point(s) of discharge of all stormwater, wastewater, process water systems and pollutants;
3.
Investigating the natural slope at the location, including drainage patterns and man-made conveyance systems (including roads with drainage systems, catch basins, curbs, gutters, channels and storm drains);
4.
Establishing the location of all points of discharge from the property, whether by surface runoff or through a storm drain system;
5.
Locating any illicit connection or the source of any illicit discharge;
6.
Evaluating compliance with any plans or BMPs required by this chapter;
7.
Evaluating compliance with the Phase II Stormwater Permit; and
8.
Evaluating compliance with any permit issued pursuant to this chapter.
C.
Records Review. The Administrator may demand the production of such records as is necessary to determine compliance with the provisions of this chapter and for the purpose of examination and copying.
D.
Sample and Test. The Administrator may inspect, sample and test any area runoff, soils within the source property, liquids, discharge, or materials within any storage area (including any container contents), or treatment system discharge for the purpose of determining the potential for contribution of pollutants to the storm drain system. The Administrator may investigate the structural integrity and condition of all storm drains, sanitary sewer facilities or systems, or other tanks, reservoirs or pipelines on the property using appropriate tests, including, but not limited to, smoke and dye tests or video surveys. The Administrator may take photographs or videotape, make measurements or drawings, and create any other record reasonably necessary to document conditions on the property.
E.
Monitoring. For the purpose of measuring any discharge or potential source of discharge to the storm drain system, the Administrator may undertake a monitoring program and other analysis, which may include both the installation and maintenance of monitoring devices, or require the owner or operator of the property to undertake the installation, record keeping and maintenance of such monitoring devices, at the owner's or operator's expense.
F.
Test Results. The owner or operator of the property subject to inspection shall provide copies of test results to the Town and, on submission of a written request to the Administrator, be entitled to a copy of the test results conducted by the Administrator.
G.
Unreasonable Delays. Unreasonable delays by the owner, occupant or operator of private property in allowing the Administrator access to the premises, or in the production of any demanded records, beyond the date set forth in a written request shall be a violation of this chapter.
H.
Inspection/Search Warrants. If the Administrator has been refused access to a building, structure, property or any part thereof, the Administrator may seek issuance of an administrative inspection or criminal search warrant from any court of competent jurisdiction. Any entry by Administrator shall be in accordance with Chapter 8.05 of this Municipal Code.
(Ord. 318-01; Ord. 15-434)