(A) Right of entry: inspection and sampling. The Pretreatment Coordinator and/or the Control Authority, TCEQ, or USEPA or their designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this subchapter and any wastewater discharge permit or order issued hereunder. Users shall allow inspecting or sampling person 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.
(1) 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 city, Control Authority, TCEQ or USEPA will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Pretreatment Coordinator and/or Control Authority 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. All sampling and analysis performed by the Pretreatment Coordinator and/or Control Authority to monitor compliance shall be at the expense of the industrial user.
(3) The Pretreatment Coordinator and/or Control Authority 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, at a minimum, annually to ensure their accuracy.
(4) 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 Pretreatment Coordinator and/or Control Authority, and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) Unreasonable delays in allowing the inspecting or sampling person access to the user’s premises shall be a violation of this subchapter.
(6) In accordance with 40 CFR 403, the city shall inspect and monitor each permitted Industrial User a minimum of once per year. If the city elects to perform compliance monitoring for the industry, then the city will monitor the industry a minimum of semiannually.
(B) Search warrants. If the Pretreatment Coordinator and/or Control Authority 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 subchapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Pretreatment Coordinator designed 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 the Pretreatment Coordinator and/or Control Authority may seek issuance of a search warrant or an administrative search warrant from an appropriate court.
(Ord. 1424, passed 4-28-03; Am. Ord. OR-2047-17, passed 4-24-17)