(A) Inspection and sampling.
(1) The Superintendent or his representative(s) shall have the right to enter the premises of any user to ascertain whether the purpose of this subchapter, and any individual wastewater discharge or general permit or order issued hereunder, is being met and whether the user is complying with all requirements thereof. Users shall allow the Superintendent or his representative(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.
(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 city, state, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
(b) The city, 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 Superintendent 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 periodically, as defined in an individual wastewater discharge or general permit, 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 Superintendent and shall not be replaced. The costs of clearing such access shall be born by the user.
(e) Unreasonable delays in allowing the Superintendent or his representatives access to the user’s premises shall be a violation of this subchapter.
(2) If the monitoring facility is constructed in the public right-of-way or easement, it shall be done so in an unobstructed location. The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities should be provided in accordance with the Superintendent’s requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such a manner so as to enable the Superintendent or his representatives to perform independent monitoring activities.
(B) Search warrants. If the Superintendent has been refused access to a building, structure or property or any part thereof, and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this subchapter or that there is a need to inspect and/or sample as part of a routine inspection program of the city designated to verify compliance with this subchapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney, the Circuit Court Judge of LaSalle County shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the city. In the event of an emergency affecting public health and safety, inspections and/or sampling shall be made without the issuance of a warrant.
(Ord. 1785, passed 12-9-2002; Am. Ord. 2158, passed 1-26-2009)