Stormwater management BMPs shall be inspected (and documented)
by the landowner, or the owner's designee, according to the following
list of minimum frequencies:
A. Annually for the first five years following construction.
B. Once every three years thereafter.
C. During or immediately after the cessation of a ten-year or greater
storm.
Upon presentation of proper credentials, the City, the Conservation
District, DEP, or their authorized agents shall be permitted to enter
any property within the City and inspect facilities subject to regulation
under this Part 2 as often as may be necessary to determine compliance
with this Part 2.
A. If a discharger has security measures in force which require proper
identification and clearance before entry into its premised, the discharger
shall make the necessary arrangements to allow access to representatives
of the City, the Conservation District, and DEP.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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 Part 2. 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 Part 2.
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 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
under this Part 2, 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.