Duluth UDC § 1028.03

1. Access and Inspection. a. If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to the Director or his/her designee. b. The owner or operator shall allow the Director or his/her designee ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling and testing, photography and videotaping for the purpose of ensuring compliance with the provisions of this article. The owner or operator shall allow the Director or his/her designee to examine and copy any records that are required under the 290 | P a g e Article Ten. Erosion Control and Stormwater Management conditions of an NPDES permit. The Director or his/her designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency. c. The Director or his/her designee shall have the right to set up on any premises, property or facility such devices as are necessary in the opinion of the department to conduct monitoring and/or sampling of discharges. d. The Director or his/her designee may require the owner or operator to install monitoring equipment and perform monitoring as necessary and make the monitoring data available to the department. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. Measurements, tests and analyses performed shall be completed in accordance with 40 CFR Part 136, unless the Director approves another method. e. Any temporary or permanent obstruction to safe and easy access to the premises, property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Director or his/her designee and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator. f. Unreasonable delays in allowing the Director or his/her designee access to a facility, property or premises shall constitute a violation of this Code Division. g. If the Director or his/her designee has been refused access to any part of a premises, property or facility from which stormwater is or would likely be discharged, and the Director or his/her designee is able to demonstrate probable cause to believe that there may be a violation of this Code Division, 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 Code Division or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the department may seek issuance of a search warrant from any court of competent jurisdiction. 2. Schedule. The Director or his/her designee may determine inspection schedules necessary to enforce the provisions of this Code Division.