§ 20-144. Inspections and monitoring.

(a)

Authority for inspections. Whenever deemed necessary to make an inspection to enforce any provision of this article, or any regulation or permit issued under this article, or whenever an authorized official has reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this article or any regulation or permit issued under this article, any authorized official may enter any property, building or facility at any reasonable time to inspect the same or to perform any duty related to enforcement of the provisions of this article, provided that:

(1)

If such property, building or facility is occupied, such authorized official shall first present proper credentials and request permission to enter; and

(2)

If such property, building or facility is unoccupied, such authorized official shall make a reasonable effort to locate the owner or other person having charge or control of the property, building or facility, and shall request permission to enter.

Any request for permission to enter made under this section shall state that the owner or person in control has the right to refuse entry, and that in such event that entry is refused, the authorized official may enter to make inspection only upon issuance of a search warrant or inspection warrant by a duly authorized court. If the owner or person in control refuses permission to enter after such request has been made, the authorized official is hereby authorized to seek assistance from any court of competent jurisdiction in obtaining entry. Routine or area-wide inspections shall be based upon such reasonable selection processes as may be necessary to carry out the purposes of this article, including, but not limited to, observation, random monitoring or sampling, sampling in areas with evidence of stormwater contamination, non-stormwater discharges, or similar factors.

(b)

Authority for monitoring and sampling. Any authorized official may install and maintain such devices as are necessary to conduct sampling or monitoring of discharges to the county's MS4 and may collect any samples deemed necessary at any time.

(c)

Requirements for self-monitoring. The county engineer or his designee may require any person engaging in any activity or owning any property, building or facility, to undertake reasonable monitoring and/or sampling of discharge to the county's MS4 and to furnish periodic reports.

(Code 1982, § 1-7.7-6; Ord. No. 07-005, pt. A, 5-15-2007)