30.120 Compliance Monitoring.

(1) Right of Entry – Inspecting and Sampling. The Department of Public Works 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.

(a) 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 of the Department of Public Works.

(b) Facility operators shall allow the Department of Public Works ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records.

(c) The Department of Public Works shall have the right to set up on any facility such devices as are necessary in the opinion of the Department of Public Works to conduct monitoring and/or sampling of the facility’s stormwater discharge.

(d) The Department of Public Works 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 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 Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(f) Unreasonable delays in allowing the Department of Public Works access to a facility are a violation. A person who is the operator of a facility commits an offense if the person denies the Department of Public Works reasonable access to the facility for the purpose of conducting any activity authorized or required by this chapter.

(2) Special Inspection Warrant. If the Department of Public Works 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 chapter, 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, or to protect the overall public health, safety, and welfare of the community, then the Department of Public Works may seek issuance of a special inspection warrant per Wis. Stat. § 66.0119.

[Ord. 08-625 § 1, 2008. Prior code § 30.12]