(A) Inspection and sampling. The city shall have the right to enter 24 hours/day the sampling facilities of any industrial user to ascertain whether the purpose of this subchapter, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Superintendent or his representatives ready access to all parts of the premises for the purposes of inspection, independent sampling, records examination and copying, and the performance of any additional duties. All significant industrial users will be subject to annual inspections in accordance with 40 CFR 403.8(f)(2)(v).
(1) Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, TCEQ and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
(2) Pursuant to 33 U.S.C.A. 1318(a), the city, TCEQ and EPA shall have the right to enter upon the industrial user's property for inspections, sampling or metering, and/or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3) The city may require the industrial user to install monitoring equipment as it deems necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its sole expense. All other devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy, unless the need for more frequent calibration is indicated.
(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
(5) Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this subchapter.
(6) Anyone acting under the authority of this section shall observe the industrial user's rules and regulations concerning safety, internal security, and fire protection.
(7) Except when caused by negligence or failure of the industrial user to maintain safe conditions, the city shall indemnify the industrial user against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the industrial user and resulting from the city's sampling operation.
(8) The Superintendent and other duly authorized persons of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purpose of:
(a) Inspection, observation, measurement, sampling, or repair;
(b) Maintenance of any portion of the sewerage system lying within the easements; and
(c) Conducting any other authorized activity.
(B) Search warrants. If the Superintendent, or any other duly authorized person, including a state and federal representative, has been refused access to a building, structure or property or any part thereof, and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this subchapter or that there is need to inspect as part of a routine inspection program of the city designed to verify compliance with the requirements and provisions of this subchapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney, the Municipal Court Judge of the city or other magistrate may issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the city. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)