§ 52.37 INSPECTION, SAMPLING AND RECORDS.
   For purposes of administering and enforcing this chapter, the control authority may inspect the establishment, facility, or other premises of the industrial user. The control authority shall have ready access to the industrial user's premises to engage in inspection, sampling, compliance monitoring and/or metering activities. Each inspection activity shall be commenced and completed at reasonable times, within reasonable limits, and in a reasonable manner. The control authority shall, upon arrival at the industrial user's premises, inform the industrial user or the industrial user's employees that sampling and/or inspection is commencing, and that the industrial user has the right to observe the inspection and/or sampling. While performing work on private properties, the control authority and the city shall observe all reasonable safety, security and other reasonable rules applicable to the premises established by the industrial user. Representatives of the control authority shall bear proper credentials and identification and shall be accompanied by a representative of the industrial user, at the industrial user's option. The control authority shall have no authority to inquire into any process beyond that point having a direct bearing on the kind and source of discharge to the POTW. However, employees or representatives shall not be restricted from viewing any of the facility site. The control authority may take photographs of facilities subject to this chapter unless specifically prohibited by the industrial user upon request to be permitted to take photographs. Where an industrial user has security measures in force, the industrial user shall make prompt and necessary arrangements with the security personnel so that upon presentation of appropriate credentials, the control authority will be permitted to enter immediately for the purposes of performing their specific responsibilities. Significant users shall sample and analyze their discharges in accordance with the provisions of their permits. The control authority may request the samples to be split for the control authority's independent analysis. Industrial users shall maintain records of all information from monitoring activities required by this chapter or by 40 CFR 403.12(n). Industrial users shall maintain the records for no less than three years. This period of record retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the industrial user or the operation of Detroit's industrial pretreatment program or when requested by the control authority, EPA, or the state. Industrial users shall, upon the request of the control authority, furnish information and records relating to discharges to the POTW. Industrial uses shall make the records readily accessible at all reasonable times, and allow the control authority to copy the records. In the event the control authority obtains samples, and analyses are made of the sample, a copy of the results of the analyses shall be promptly furnished to the owner, operator, or agent in charge of the premises upon written request by the industrial user's authorized representative. When requested by the industrial users, the control authority shall leave a portion of any sample of the user's discharge taken from any sampling point on or adjacent to the premises for the user's independent analysis. In case of disputes arising over shared samples, the portion taken and analyzed by the control authority shall be controlling unless proven invalid. In the event a grab sample of the industrial user's discharge is obtained and analyzed by the control authority and found to contain concentrations of pollutants which are two or more times greater than the numeric limitations for composite samples as listed in § 54.35(B) of this chapter, the industrial user shall be required to provide a written report describing the cause of greater concentration, and a description of the means by which the concentration may be held to values of less than two times the composite sample concentration limitation in the future.
(‘83 Code, § 54.09) (Ord. 89-009, passed 8-21-89) Penalty, see § 52.99