(A) Right of entry; inspection and sampling.
(1) The Town Manager or designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this code and any wastewater discharge permit or order issued hereunder.
(a) Users shall allow the Town Manager 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; or as described in state’s revised statutes.
(b) 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, the Town Manager will be permitted to enter without delay for the purposes of performing specific responsibilities.
(c) The Town Manager 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.
(d) The Town Manager 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 annually to ensure their accuracy or documentation provided that demonstrates calibration accuracy.
(e) 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 Town Manager and shall not be replaced. The costs of clearing such access shall be born by the user.
(f) Unreasonable delays in allowing the Town Manager access to the user’s premises shall be a violation of this code.
(2) The Town Manager shall perform sampling on each significant industrial user facility no less frequently than indicated on the chart in the following column:
Monitoring Frequency | |
Gallons per Day | Frequency
|
1 - 10,000 | Once every three months |
10,000 - 50,000 | Twice every three months |
50,000 - 100,000 | Once per month |
100,000 - 250,000 | Twice per month |
Over 250,000 | Three times per month |
(3) The Town Manager shall, on an annual basis, complete a full evaluation of each facility of any significant industrial user.
(B) Search warrants. If the Town Manager 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 code, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the town designed to verify compliance with this code or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Town Manager may seek issuance of a search warrant from the Municipal Court of the town or other court of competent jurisdiction.
(Prior Code, § 155.7)