§ 16-90. Right of entry, evaluation, and monitoring of damages.
Latest version.
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(a)Applicability. This section applies to all facilities that have stormwater discharges associated with industrial or construction activity, and any other commercial or residential facilities that discharge stormwater to the storm drainage system.(b)Access to facilities.(1)The First Selectman 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 into its premises, the discharger shall make the necessary arrangements to allow access to representatives or designees of the First Selectman.(2)Facility operators shall allow the First Selectman ready access to all parts of the facility for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of a Town, state or federal NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.(3)The First Selectman shall have the right to set up on any NPDES permitted facilities such devices as are necessary in the opinion of the First Selectman to conduct monitoring and/or sampling of the facility's stormwater discharge.(4)The First Selectman has the right to require the installation of sampling and monitoring equipment on any NPDES permitted facility by the discharger at its own expense. 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)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 First Selectman and shall not be replaced. The costs of clearing such access shall be borne by the operator.(6)Unreasonable delays in allowing the First Selectman 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 NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the First Selectman reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article. If the First Selectman has been refused access to any part of the facility 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 First Selectman may seek issuance of a search warrant from any court of competent jurisdiction.(7)While performing the necessary work on private properties referred to in Subsections (b)(1) through (5) of this section, the First Selectman shall observe all safety rules applicable to the premises established by the facility.
Ord. of 10-4-10, § 10