(a) Monitoring facilities. The user shall provide and operate, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the town may, when such a location would be impractical or cause undue hardship for the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(1) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(2) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the town's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the town.
(3) The director may designate a minimum frequency for calibration of monitoring equipment; however, the user is responsible for ensuring the accuracy of the equipment at all times.
(b) Inspection and sampling. The town may inspect the facilities of any user to ascertain whether the purposes of this division are being met and whether all requirements of the division, and permits and orders issued hereunder, are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the town, approval authority and EPA, or their representatives, ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, or for the performance of any of their duties. Such access shall be given to the town, approval authority and EPA Monday through Friday during regular business hours and at all other times the user is discharging to the POTW. The town, approval authority and EPA shall have the right to set up, on the user's property, such devices as are necessary to conduct sampling inspection, compliance monitoring and metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into the user's premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel from the town, approval authority and EPA shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the town’s, approval authority's, or EPA's access to the user's premises shall be a violation of this division. Unreasonable delays in permitting entry may constitute denial of access.
(c) Search warrants/administrative inspection warrants. If the town, approval authority, or EPA 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 division, or that there is a need to inspect or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the town, approval authority, or EPA may seek issuance of a search warrant or administrative inspection warrant from a magistrate, clerk of court, district court judge or superior court judge in the county.
(Code 1982, § 19-95; Ord. No. 94-036, 12-8-1994; Ord. No. 2011-Code-09, 12-15-2011)