(A) The environmental officer, as well as other authorized representatives of the city, EPA, TCEQ, and the Texas Department of Health, or any successor agencies bearing proper credentials and identification, shall be permitted to enter the premises of any industrial user at any reasonable time for the purpose of inspection, observation, measurement, sampling, examination and copying of records, sampling and testing of any wastewater discharged into the POTW, as well as of any wastewater prior to treatment or discharge, and inspection of any pretreatment facilities.
(B) The environmental officer shall carry out all inspection and monitoring procedures necessary to determine compliance with applicable pretreatment standards and requirements.
(C) The environmental officer shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the industrial user's operations.
(D) The environmental officer may require the industrial user to install monitoring equipment as necessary. The user's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.
(E) Anyone acting under this authority shall observe the established rules and regulations concerning safety, internal security, and fire protection.
(F) 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 industrial user at the written or verbal request of the environmental officer and shall not be replaced. The costs of clearing such access shall be born by the user.
(G) Any denial of access or unreasonable delay in allowing the environmental officer access to a user's premises shall be a violation of this chapter.
(H) Search warrants. If the environmental officer 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 chapter, 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 chapter or any industrial user wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the environmental officer may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. 160726-A, passed 7-26-2016)