Monitoring of discharges.

A. Applicability. This section applies to all facilities that the Town of Webster must inspect to enforce any provision of this article, 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 article.B. Access to facilities.(1) The Town of Webster's Sewer Department shall be permitted to enter and inspect, at any time, 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 of the Town of Webster's Sewer Department.(2) Facility operators shall allow the Town of Webster's Sewer Department ready access to all parts of the premises for the purpose of inspection, sampling and examination of the private storm drainage system.

Persons or facility operators must supply copies, if requested by Town of Webster's Sewer Department, of all records kept under the conditions of the SPDES stormwater discharge permit. Persons or facility operators must also identify the performance of any additional duties as defined by state and federal law.(3) The Town of Webster's Sewer Department shall have the right to place or position on any permitted facility such devices as are necessary in the opinion of the Town of Webster's Sewer Department to conduct monitoring and/or sampling of the facility's discharge to the storm sewer system.(4) The Town of Webster's Sewer Department 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 as necessary and recommended by the manufacturer to ensure their accuracy.(5) Any temporary or permanent obstruction to the facility which allows for unsafe access or difficulty in monitoring, inspecting or sampling of the storm drainage system shall be promptly removed by the discharger at the written or verbal request of the Town of Webster's Sewer Department and shall not be replaced.

All costs associated with clearing such access restrictions shall be borne by the discharger in full.(6) Unreasonable delays, as determined by the Town of Webster, in allowing the Town of Webster's Sewer Department access to a facility, which is permitted under the New York State Department of Environmental Conservation SPDES program, for the purposes of conducting any activity authorized or required by the permit is considered a violation of said program and of this article.(7) If the Town of Webster's Sewer Department has been refused access to any part of the premises from which a discharge or conveyance to the storm sewer system exists, and the Town of Webster's Sewer Department is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to further inspect and/or sample the private stormwater system 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 Town of Webster's Sewer Department may seek issuance of a search warrant from any court of competent jurisdiction.