(A) Right of entry; inspection and sampling.
(1) The Control Authority shall have the right to enter the property of any user to determine whether the user is complying with all requirements of this subchapter, and any discharge permit, or order issued hereunder.
(2) Users shall allow the Control Authority ready access to all parts of the property for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(3) If a user has security measures in force that require proper identification and clearance before entry into his or her property, the user shall make necessary arrangements with his or her security guards so that, upon presentation of suitable identification, the Control Authority will be permitted to enter, without delay, for the purposes of performing specific responsibilities.
(4) 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.
(5) The Control Authority 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 his or her own expense. All devices used to measure flow and quality shall be calibrated at least annually by a certified technician to ensure their accuracy. Calibration records shall be made available to the Control Authority upon request.
(6) 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 Control Authority, and shall not be replaced. The costs of clearing such access shall be borne by the user.
(7) Unreasonable delays in allowing the Control Authority access to the user’s property shall be a violation of this subchapter.
(B) Search warrants. If the Control Authority has been refused access to the 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 may seek issuance of a search warrant from a court of proper jurisdiction.
(Prior Code, § 10.04.17) (Ord. 2007-17, passed - -)