§ 21.67.070. Inspections.

A.

Inspections authorized. The director or law enforcement officials may, without an administrative inspection warrant, during the normal working hours of a business or activity, and upon presentation of proper identification, inspect those nonresidential facilities, construction sites, premises, or areas for the purpose of determining whether the owner or operator thereof is conducting that business or activity in accordance with the specific requirements of this chapter. If inspection or access is denied, any permits issued under this chapter may be immediately suspended until an inspection is conducted. Permittees, owners or operators shall immediately stop all work upon the site being posted with a stop work order for failure to allow inspection. Fees for inspections shall be paid in accordance with section 21.67.060.

B.

Administrative inspection warrants. No inspection for which a warrant would be required under the constitution of the state or the United States may be conducted under this section unless the director or law enforcement officials first obtains an administrative inspection warrant authorizing that inspection, and if possible exhibit the warrant to the owner or operator of the activity. In cases where it is constitutionally required, the director or law enforcement officials shall apply to the trial courts of the state for inspection warrants and shall state the name and address of the controlled premises to be inspected, the authority to make the inspection, the nature and extent of the inspection, and the facts demonstrating the need for the administrative inspection. The court shall issue a warrant if it finds that issuance is constitutionally permissible. Warrants issued under this section shall be exhibited to persons in control of premises described in the warrant and shall be executed peaceably, without violence or harm to persons or property, if possible. Warrants issued under this section shall be returned to the court within ten days.

C.

Production of records. At the request of the director or law enforcement officials, and during normal working hours, owners or operators of facilities, construction sites, premises, or areas, or persons having custody of such records shall produce and make available for inspection and copying all records or information required to be maintained or reported under the provisions of this chapter.

D.

Inspection without warrant. In addition to inspections of facilities under subsections A through C of this section, the director or any law enforcement official, may, without an administrative inspection warrant, inspect any property or facilities suspected as the source of illicit discharges in violation of 33 USC 1342 (1987), as amended. If a warrant is constitutionally required, then it must comply with the requirements of subsection B of this section.

E.

Inspection prior to work. All construction or development requiring the installation of storm water treatment methods shall be inspected, as resources allow, prior to any demolition or construction activity on the site, including the removal of vegetation commonly known as clearing and grubbing.

(AO No. 2002-117, § 11, 1-28-03)