(A) The general manager and other duly authorized employees of the City of York or duly authorized employees of the borough bearing proper credentials and identification shall be permitted to enter upon all properties at reasonable times to carry out all inspection, surveillance, observation, measurement, monitoring procedures, sampling and testing necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements and ordinance requirements by industrial users. The general manager shall have the right to enter any premises of any industrial user in which a discharge source or treatment system is located, or in which records are required to be kept under 40 C.F.R. § 403.12(o), to ensure compliance with pretreatment standards or requirements, any wastewater discharge permit, the requirements of this subchapter, or an order issued hereunder.
(B) Users shall allow the general 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.
(C) The authority of the general manager shall be at least as extensive as the authority provided under § 308 of the Clean Water Act, being 33 U.S.C. § 1318.
(1) Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the general manager shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The general 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.
(3) 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 general manager and shall not be replaced. The costs of clearing such access shall be the responsibility of the user.
(4) If the general 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 subchapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the borough or the City of York 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, the general manager may seek issuance of a search warrant from the appropriate court.
(2006 Code, § 18-206) (Ord. 2010-1, passed 12- -2010) Penalty, see § 51.99