(A) Right of entry: inspection and sampling.
(1) The Wastewater Superintendent 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.
(2) Users shall allow the Wastewater Superintendent 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.
(a) 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, personnel from the town, state and EPA will be permitted to enter without delay for the purposes of performing specific responsibilities.
(b) The town, state and EPA 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.
(c) The town 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 frequently to ensure their accuracy.
(d) 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 Wastewater Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.
(e) Unreasonable delays in allowing the Wastewater Superintendent access to the user’s premises shall be a violation of this chapter.
(1996 Code, § 168-46)
(B) Search warrants. If the Wastewater Superintendent 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, then the Wastewater Superintendent may seek issuance of a search warrant from the County Circuit Court.
(1996 Code, § 168-47)