§ 19.1-03.2 Inspections by the Department.
RCNY § 19.1-03.2
(a)The department or an authorized inspection agent may inspect, at a reasonable time and in a reasonable manner, anything that affects or may affect the quality of the waters of the state, including but not limited to the premises where a covered development project is being conducted; or the premises for which an application has been filed with the department for plan or permit approval; or the premises for which the department has issued a stormwater construction permit or stormwater maintenance permit.
(b)The department or an authorized inspection agent may enter onto property subject to a maintenance easement in accordance with the terms of such easement. For property that is not subject to a maintenance easement, an authorized representative of the department may enter on any property to inspect for compliance with this chapter 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. If access to such property is denied, the department may seek judicial authorization, and such representative 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. Inspections pursuant to this paragraph may include observation, sampling and testing as necessary. (Added City Record 4/1/2019, eff. 6/1/2019)
