(A) Right of entry. Agents of the city, the Michigan Department Environment, Great Lakes, and Energy or the U.S. Environmental Protection Agency shall have the right to enter all properties for the purpose of inspecting, measuring, sampling and testing the wastewater discharge as well as reviewing and copying all relevant records, 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 Plant Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Plant Superintendent 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.
(3) The Plant 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 owner expense. All devices used to measure wastewater flow and quality shall be calibrated 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 Plant Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) Unreasonable delays in allowing the Plant Superintendent access to the user's premises shall be a violation of this chapter.
(B) Power and authority of inspectors.
(1) Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observations, measurement, sampling and testing in accordance with the provisions of this chapter. Inspectors shall be allowed to inspect and copy all relevant records.
(2) Duly authorized employees of the city may enter at all reasonable times in or upon private or public property for the purpose of inspecting and investigating conditions or practices which may be in violation of this chapter or detrimental to the system.
(3) Duly authorized employees of the city shall inspect the on-site work occurring by reason of any system permit. Such person shall have the right to issue a cease and desist order on the site upon finding a violation of said permit or this chapter. The order shall contain a statement of the specific violation and the appropriate means of correcting the same and the time within which correction shall be made.
(C) Search warrants. If the Plant 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, state statutes, or regulations, 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 permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City Manager may seek issuance of a search warrant from the Circuit Court for the County of Isabella.
(Ord. 622, passed 3-4-85; Am. Ord. 1074, passed 9-27-21)