Right of entry; inspection and sampling. The Wastewater Superintendent or duly authorized representative (Inspector) bearing the proper identification and credentials shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Inspector ready access to all parts of the premises for the purposes of inspections, surveillance, record review, monitoring as necessary to determine compliance with this chapter, if applicable or any industrial wastewater pretreatment permit.
(A) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Inspector will be permitted to enter without delay for the purposes of performing specific responsibilities.
(B) The Inspector shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(C) The Wastewater Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(D) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Wastewater Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.
(E) Unreasonable delays in allowing the Inspector access to the user's premises shall be a violation of this chapter.
(F) Inspection. of industrial users for the purposes of verifying industry self- monitoring information will be done at such intervals as determined by the Wastewater Superintendent to be necessary to detect prohibited discharges. The minimum surveillance schedule to be conducted by the POTW, if deemed warranted by the Wastewater Superintendent, will be semi-annually.
(G) A seven-day monitoring period shall be allowed if deemed warranted in order to obtain representative data. The surveillance period will normally be for a period of one day representative of the normal production day, but can be of longer duration at the discretion of the Wastewater Superintendent. In cases where the surveillance period extends for a greater number of consecutive days than seven, the POTW shall have the prerogative of selecting the seven consecutive days of its choice for establishing rates and charges.
(H) The POTW may sample and conduct inspection activities of SIU's contributing and non-SIU industries when deemed necessary by the Wastewater Superintendent to verify, independent of information supplied by industrial users, compliance or non-compliance with applicable pretreatment standards. For scheduled surveillance, the user shall be given the option of splitting the obtained sample such that it may be analyzed by the user.
(I) While performing the necessary work on private properties referred to above, the Wastewater Superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the user, and the user shall be held harmless for injury or death to the town employees and the town shall indemnify the user against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operation, except as they may be caused by negligence or failure of the user to maintain safe conditions.
(J) The Wastewater Superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties for the following activities, including, but not limited to inspection, observation, measurement, sampling, repair, and maintenance. All entry and subsequent work, if any, on an easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Ord. 2019-5, passed 4-22-19)