(a) A director may enter premises or vehicles regulated by this chapter at all reasonable times, whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, to inspect permits and records required by this chapter, to collect air, water, waste or wastewater samples, or whenever probable cause exists to believe that a violation of this chapter or other environmental laws exists on such premises.
(b) A director shall first present his or her credentials and demand entry if the premises are occupied. If the premises are unoccupied, he or she shall first make a reasonable attempt to locate the owner or person in control of the premises and demand entry.
(c) Where premises have security measures in force which require proper identification and clearance before entry into its premises, the person in control of the premises shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director will be permitted to enter without delay for the purposes of performing specific responsibilities.
(d) If entry is denied or if a person in control cannot be located, the director shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure; and for the purposes of same, any person with enforcement authority under this chapter is hereby declared to be a “health officer.”
(e) Facilities regulated under this chapter are subject to the authority of the U.S. Environmental Protection Agency (EPA) under § 308 of the Federal Clean Water Act (33 U.S.C. § 3318), as amended, concerning access to information and right of entry onto property for purposes of implementing and enforcing the federal pretreatment program and other applicable provisions of the Federal Clean Water Act.
(f) Facilities regulated under this chapter are subject to the authority of the Texas commission on environmental quality (TCEQ) under the Tex. Water Code §§ 26.014 and 26.015, as amended, and Tex. Health and Safety Code §§ 361.032 and 361.037, as amended, concerning access to information and right of entry onto property for purposes of implementing and enforcing the State of Texas’ pretreatment program and other applicable provisions of the Texas Water Code and Texas Health and Safety Code.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 17074, § 2, passed 7-25-2006)