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A. Right of entry; inspection and sampling. The City and its agents shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Part and any wastewater discharge permit or order issued hereunder. Users shall allow the City 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) Powers. Inspections shall be conducted at the discretion of the City. Duly authorized employees and agents of the City, upon presenting identification and appropriate credentials, are authorized:
(a) To enter without unreasonable delay and at reasonable times those premises (public or private) of any person of class of user either receiving services from the City or applying for services from the City in which a discharge source or treatment system is located or which records required to be maintained pursuant to this Part.
(b) During regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, to have access to and to copy records pertaining to this Part, the pretreatment program, RCRA, and waste disposal, inspect any monitoring equipment or method required pursuant to this Part and sample and/or analyze any effluent which the owner or operator of such discharge source is required to sample and/or analyze under this Part and any Part adopted pursuant thereto.
(c) During such on site inspections, to carry out all inspections, surveillance, and monitoring procedures necessary to determine, independent of information supplied by any person discharging into the facilities, compliance or noncompliance with City pretreatment requirements.
(2) 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 will be permitted to enter without delay for the purposes of performing specific responsibilities. The user may provide an escort for the City at his or her discretion.
(3) The City 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.
(4) Monitoring and metering equipment.
(a) The City may require the user to install at his or her own cost monitoring or metering equipment as necessary to facilitate the accurate observation, sampling, and measurements of the wastewater discharge. 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 semiannually or at a frequency recommended by the manufacturer to ensure their accuracy.
(b) The monitoring and metering equipment shall be located and maintained on the user's premises. When such a location would be impractical or cause undue hardship to the user, the City may allow such facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over such street or sidewalk, and located so the discharge will not be obstructed by public utilities, landscaping, or parked vehicles.
(5) When more than one user discharges into a common sewer, the City may require installation of separating monitoring and metering equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the City may require that separate monitoring and metering facilities be installed for each separate discharge.
(6) Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with City ordinances and any applicable construction standards required by the City or by local, state or federal law.
(7) 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 City and shall not be replaced. The costs of clearing such access shall be borne by the user.
(8) Unreasonable delays in allowing the City to the user's premises shall be a violation of this Part.
(9) The City shall comply with the user's reasonable health and safety policies, including the use of personal protective equipment.
B. Search warrants. If the City 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 Part, 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 Part or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City may seek issuance of a search warrant from the Court of Common Pleas of Berks County, Pennsylvania.
C. User documentation. The City may, by ordinance, order, permit or letter, require any person who discharges into the facilities to:
(1) Establish and maintain records.
(2) Make reports.
(3) Install, calibrate, use and maintain monitoring equipment or methods (including where appropriate, biological monitoring methods).
(4) Sample and/or analyze discharges and effluent (in accordance with the method, at the locations, at the intervals, and in the manner as the City shall prescribe).
(5) Provide other information relating to discharges into the facilities of the project as the City may reasonably require to ensure compliance with prescribed pretreatment. Such information shall include, but not be limited to, those records, reports and procedures required by applicable state and federal law.