(A) Inspection.
(1) The Director may inspect the facilities of any user to ascertain whether the user is complying with the provisions and requirements of this chapter. For categorical industrial users, the Director shall perform a minimum of 1 scheduled and 1 unscheduled inspection each calendar year. For all non-categorical industrial users, the Director may perform a minimum of 1 inspection each calendar year.
(2) Upon request by the Director, users shall allow the Director and the approval authority access to all parts of the premises within a reasonable time frame as determined by the Director for the purpose of ensuring compliance with this chapter. The Director and the approval authority shall have the right to enter onto a user's property to set up such devices as are necessary to sample, inspect, monitor or meter operations of the user to determine compliance with this chapter. Where a user has security measures in force which would require proper identification and clearance before entry onto its property, the user shall make necessary arrangements so that upon presentation of suitable identification, the Director and the approval authority shall be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(3) Unreasonable delays in allowing the Director and the approval authority access to the User's premises shall be a violation of this chapter.
(B) Search warrants. The Director may obtain a search warrant from a court of competent jurisdiction when the Director has been refused access to a building, structure, property, or any part thereof. The Director must be able to demonstrate that a user is violating any provision of this chapter or as part of a routine inspection and sampling program, needs to inspect or sample to verify compliance with this chapter or to protect the overall public health, safety and welfare of the community.
(C) Sample analyses.
(1) All analyses, including sampling results submitted in support of any application, reports, evidence, or required by any permit or order, shall be performed in accordance with the techniques prescribed in 40 C.F.R. § 136, as amended. If 40 C.F.R. § 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures approved by the Director.
(2) All wastewater samples must be representative of the user's Discharge. Wastewater monitoring and flow measurement facilities shall be calibrated, properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(Ord. 5746, passed 7-1-2019)