(A) Right of entry; inspection and sampling. The Wastewater Supervisor 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 individual wastewater discharge permit or order issued hereunder. Users shall allow the Wastewater Supervisor ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) 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 Wastewater Supervisor shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Wastewater Supervisor 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.
(3) The Wastewater Supervisor 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 as recommended by equipment manufacturer to ensure their accuracy.
(4) 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 oral request of the Wastewater Supervisor and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) Unreasonable delays in allowing the Wastewater Supervisor access to the user's premises shall be a violation of this chapter.
(B) Search warrants. If the Wastewater Supervisor has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Wastewater Supervisor may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 2016-28, passed 11-17-2016; Ord. 2019-25, passed 11-26-2019)