§ 20-89. Compliance monitoring.

(a)

Applicability. The section applies to all facilities that have stormwater discharges associated with commercial and industrial activities, including construction activity.

(b)

Access to facilities.

(1)

The Parish of Webster shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry to its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Parish of Webster.

(2)

Facility operators shall allow the Parish of Webster ready access to all parts of the premises for the purpose of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES or LPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

(3)

The Parish of Webster shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the parish to conduct monitoring and/or sampling of the facility's stormwater discharge.

(4)

The Parish of Webster has 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 operating condition by the discharger at his own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5)

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 director and shall not be replaced. The cost of clearing such access shall be borne by the operator.

(6)

Unreasonable delays in allowing representatives of the Parish of Webster access to a permitted facility is a violation of a stormwater discharge permit and of this article. A person who is the operator of a facility with a LPDES or NPDES permit to discharge stormwater associated with industrial activity commits and offense if the person denies representatives of the Parish of Webster reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.

(7)

If a representative of the Parish of Webster 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 article, 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 article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the director of public works may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 992, § 9, 1-5-2010)