(A) Inspection and sampling.
(1) The Director shall have the right to enter the premises of any user:
(a) To determine whether the user is complying with all requirements of this subchapter and any wastewater discharge permit or order issued hereunder; and
(b) For any other purpose directly related to the Director’s review and enforcement of compliance under this subchapter by any user, whether on or off the premises.
(2) Users shall allow the Director 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 under this subchapter.
(a) 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 Director will be permitted to enter without delay for the purposes of performing specific responsibilities pursuant to this subchapter. While on the property of the user, the Director is hereby directed to observe all reasonable safety rules applicable to the premises established by the user which are communicated by the user to the Director at the outset of the entry.
(b) The Director shall have the right to set up on the user’s property, or require installation by the user of, such devices as are necessary to conduct sampling and/or metering of the user’s operations, at the user’s expense.
(c) The Director 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 in accordance with the manufacturers’ recommendations to ensure their accuracy.
(d) 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 Director and shall not be replaced. The costs of clearing such access shall be born by the user.
(e) Unreasonable delays in allowing the Director access to the user’s premises shall be a violation of this subchapter.
(B) Search warrants. If the Director 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 city 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 Director may seek issuance of a search warrant from a court of competent jurisdiction.
(Prior Code, § 51.38) (Ord. D-1927, passed 7-15-2002, effective 8-1-2002)