Stormwater management BMPs shall be inspected (and documented) by the landowner, or the owner's designee, according to the following list of minimum frequencies:
Upon presentation of proper credentials, the City, the Conservation District, the DEP, or their authorized agents, shall be permitted to enter any property within the City and inspect facilities subject to regulation under this chapter 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 representatives of the City, the Conservation District, and DEP.
Facility operators shall allow the City, the Conservation District, and DEP 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.
The City, the Conservation District, and DEP shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City, the Conservation District, or DEP to conduct monitoring and/or sampling of the facility's stormwater discharge.
The City, the Conservation District, and DEP have the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operation condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City, the Conservation District, or DEP and shall not be replaced. The costs of clearing such access shall be borne by the operator.
Unreasonable delays in allowing the City, the Conservation District, or DEP access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial or construction activity commits an offense if the person denies the City, the Conservation District, or DEP reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
If the City, the Conservation District, or DEP has been refused access to any part of the premises from which stormwater is discharged, and 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 under this chapter, or to protect the overall public health, safety, and welfare of the City, then the City, the Conservation District, or DEP may seek issuance of a search warrant from any court of competent jurisdiction.