Montclair Municipal Code Art. IV Inspection of City Storm Drain System

A. The City Engineer shall be authorized to enter the premises of any user of the City storm drain system to determine compliance with the provisions of this chapter and to:

1. Conduct inspections, sampling, monitoring and/or other authorized duties to enforce the provisions of this chapter;

2. Review any records, reports, test results, or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape, or copy any applicable information;

3. Inspect any wastes, chemicals, storage areas, storage containers, waste-generating processes, treatment facilities, and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities, and/or discharge locations.

B. Adequate identification shall be provided by the City Engineer when entering the premises of any user. If such entry is refused or cannot be obtained, the City Engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.

C. If the City Engineer has reasonable cause to believe that nonstormwater discharge conditions on or emanating from the premises are so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the City Engineer shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection, whether the property is occupied or unoccupied and whether or not formal permission to inspect has been obtained.

D. If a user has instituted security measures requiring proper identification and clearance before entry onto the premises, the user shall make all necessary arrangements so that, upon presentation of such identification, duly designated City personnel shall be permitted to enter the premises without delay for the purpose of performing their authorized duties. For facilities which require special clearances to conduct inspections, it shall be the responsibility of the user to obtain all necessary clearances on behalf of the City so that City inspections are not impaired.

(Ord. 99-791 Exh. A (part); prior code § 6-9.501)