(A) Right of entry: inspection and sampling. The control authority and township shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this subchapter and any wastewater discharge permit or order issued hereunder. Users shall allow the control authority and township access to all parts of the premises for the purposes of inspection, sampling, records examination and copying and the performance of any additional duties. A user shall not obstruct block or otherwise interfere with access to the sampling point(s).
(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 control authority and township will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The control authority 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 control authority, after consultation with the township, 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 semiannually to ensure their accuracy.
(4) Any temporary or permanent obstruction of 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 control authority and shall not be replaced. The costs of clearing such access shall be born by the user.
(5) Unreasonable delays in allowing the control authority and township access to the user’s premises shall be a violation of this subchapter.
(B) Search warrants. If the control authority and township 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 subchapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the control authority designed to verify compliance with this subchapter or any permit or order issued hereunder or to protect the overall public health, safety and welfare of the community, then the control authority or township may seek issuance of a search warrant from the Court of Common Pleas of the county or other court of competent jurisdiction.
(Ord. 199, passed 10-13-2010) Penalty, see § 51.999