9.24.050 Inspection.
(a) For projects meeting the state regulatory threshold of one-acre, site inspections shall be performed in accordance with the requirements of the Storm water Management Manual for Eastern Washington, the construction storm water general permit, and the approved SWPPP. The inspector shall be a certified erosion and sediment control lead (CESCL), and the name and contact information for the CESCL shall be included in the SWPPP.
(b) For projects disturbing less than one-acre, site inspections shall be performed by the city of Selah public works director, or his/her designated representative, as part of the routine inspection activities. Special inspections may be performed after any rainfall event which causes a discharge of storm water.
(c) When necessary to perform any of his duties under this chapter, or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this chapter, the public works director, or his/her designated representative, may enter onto property to inspect the same or to perform any duty imposed or authorized by this chapter. If the property is unoccupied, the public works director, or his/her designated representative shall make reasonable effort to locate the owners or other persons having charge or control of the property. To enter on private property, the public works director, or his/her designated representative, shall:
(1) Present identification credentials;
(2) State the reason for entry;
(3) Request and obtain permission to enter; and
(4) Access the property at reasonable times;
If entry is refused, the city shall have recourse to every remedy provided by law to secure entry.
(d) Access to Construction Sites.
(1) 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 city.
(2) Construction site operators shall allow the city ready access to those parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge to the storm sewer system, and the performance of any additional duties as defined by state and federal law.
(3) The city shall have the right to set up on any permitted construction site such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the site's discharge to the storm sewer system.
(4) The city has the right to require the discharger to install monitoring equipment as necessary. The construction site'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 storm water flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the construction site to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city. The costs of clearing such access shall be borne by the operator.
(6) Unreasonable delays in allowing the city access to a permitted construction site are a violation of this chapter. A person who is the operator of a construction site with an NPDES permit to discharge to the storm sewer system commits an offense if the person denies the city reasonable access to the permitted construction site for the purpose of conducting any activity authorized or required by this chapter.
(7) If the city has been refused access to any part of the premises from which discharges to the storm sewer system occur, and he/she 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 city may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 1800, § 1, 2010.)