§ 51.090 RIGHT OF ENTRY; INSPECTION AND SAMPLING.
   (A)   The Director and/or the Control Authority, TCEQ, or EPA or their designated representative(s) shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the inspecting or sampling person(s) 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.
   (B)   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, city, Control Authority, TCEQ, or EPA personnel will be permitted to enter without delay for the purposes of performing specific responsibilities.
   (C)   The Director and/or 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 metering of the user's operations. All sampling and analysis performed by the city and/or Control Authority to monitor compliance shall be at the expense of the industrial user.
   (D)   The Director 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. All devices used to measure wastewater flow and quality shall be calibrated, at a minimum, annually to ensure their accuracy.
   (E)   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 Director and shall not be replaced. The costs of clearing the access shall be borne by the user.
   (F)   Unreasonable delays in allowing an inspecting or sampling person access to the user's premises shall be a violation of this chapter.
   (G)   In accordance with 40 C.F.R. § 403, the city shall inspect and monitor each significant industrial user a minimum of once per year. If the city elects to perform compliance monitoring for the significant industrial user then the city will monitor the industry a minimum of semiannually.
   (H)   The city shall inspect each NSCIU a minimum of once per year. If the city elects to perform compliance monitoring for the NSCIU then the city will monitor the industry a minimum of one time each permit cycle.
(Ord. 317, passed 10-16-1995; Am. Ord. O-21-932, passed 3-1-2021) Penalty, see § 51.999