(a) Right of Entry: Inspection and Sampling. The Utility Manager shall have the right to enter the premises of any User to determine whether the User is complying with all requirements of this article and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Utility Manager ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(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 Utility Manager shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Utility Manager 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 Utility Manager 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.
(4) 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 oral request of the Utility Manager and shall not be replaced. The costs of clearing such access shall be borne by the User.
(5) Unreasonable delays in allowing the Utility Manager access to the User's premises shall be a violation of this Article.
(6) The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities should be provided in accordance with the Utility Manager's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the Utility Manager to perform independent monitoring activities.
(b) Search Warrants. If the Utility Manager 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 Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Utility Manager with the assistance of the City of Fairmont Police Department may seek issuance of a search warrant from the Municipal Court for the City of Fairmont or the Magistrate Court of Marion County.
(Ord. 1509. Passed 11-23-10.)