§ 19.1-02.3 Inspections.
RCNY § 19.1-02.3
(a)MSGP-permitted facilities. The department or an authorized inspection agent may enter and inspect any industrial stormwater source, including, but not limited to, its equipment, practices, operations and records, and will, at a minimum, conduct inspections of such sources in accordance with the schedule and requirements for such inspections set forth in the NYC MS4 Permit and these rules. The department or an authorized inspection agent must conduct such entry and inspection during normal operating hours for purposes of determining compliance with the MSGP and these rules. Such inspections may include, but need not be limited to, the following: (1) Conducting a visual observation for evidence of unauthorized discharges, illicit connections, and potential discharges of pollutants to stormwater; (2) Evaluating the facility's compliance with applicable MSGP requirements; and (3) Evaluating the facility's compliance with any other relevant local stormwater requirements.
(b)Unpermitted industrial and commercial facilities. The department or an authorized inspection agent may enter and inspect any unpermitted premises or facilities within the MS4 area, as required by the MS4 permit, during normal operating hours. The department will inspect unpermitted facilities to identify those that may contribute a significant pollutant load to the MS4 and will refer those to NYSDEC. The department or an authorized inspection agent may inspect the facility, including, but not limited to, its equipment, practices, operations and records, consistent with applicable law.
(c)Access for inspections. If access to property the department seeks to inspect pursuant to this section is denied, the department may seek judicial authorization, and an authorized representative of the department may enter pursuant to such authorization. In the event of exigent circumstances, an authorized representative of the department may enter on any property without such judicial authorization to inspect for compliance with these rules or Chapter 5-A of Title 24 of the Administrative Code of the City of New York or to execute orders of the commissioner issued pursuant thereto.
(d)Interference with department personnel. No person shall interfere with or obstruct a duly authorized representative of the department, bearing proper credentials and identification, from inspecting or from otherwise entering all properties, public or private, including providing access to equipment, plumbing, or industrial or commercial processes as necessary for the completion of such inspection, in accordance with paragraph (c) of this subdivision, for the purpose of inspection, observation, sampling and testing as necessary to determine compliance with these rules or Chapter 5-A of Title 24 of the Administrative Code or to execute the orders of the Commissioner issued pursuant thereto. (Added City Record 4/1/2019, eff. 6/1/2019; amended City Record 2/15/2022, eff. 2/15/2022)
