§ 86A-11. Access to facilities; monitoring of discharges.

A. 

Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this chapter, 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 chapter. The SMO is authorized to make or cause to be made inspections to determine compliance with the Town's MS4 permit and provisions of this chapter; and to determine the cause of illicit discharge in order to safeguard the health, safety, and welfare of the Town residents and the general public. The SMO or his/her designated representative is authorized to enter, upon the consent of the owner or facility operator, any premises at any reasonable time or at such other time as may be necessary in the event of an emergency, without the consent of the owner or facility operator, for the purpose of performing his/her duties under this chapter.

B. 

Access to facilities.

(1) 

The SMO shall be permitted to enter 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 the SMO.

(2) 

Facility operations and/or property owners 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 chapter.

(3) 

The Town shall have the right to set up on any facility subject to this chapter such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's discharge points.

(4) 

The Town has the right to require the facilities subject to this chapter to install monitoring equipment as is reasonably necessary to determine compliance with this chapter. 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) 

If the SMO has been refused access to any part of the premises from which an illicit discharge is suspected, and the SMO has reasonable cause to believe that a violation of this chapter has occurred, 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 hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. The refusal to allow access to any part of the premises shall be presumptive evidence that a violation exists.