(A) The authority shall have the right to enter the premises of any user to carry out all inspection, surveillance and monitoring necessary to determine, independent of information supplied by the user, whether the user is in compliance with all requirements of this subchapter and any individual wastewater discharge permit or general permit or order issued hereunder. Users shall allow the authority or its representatives, upon presentation of credentials of identification, ready access to all parts of the premises at all reasonable hours for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. The representatives of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(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 authority shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The authority shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct random compliance sampling and/or metering of the user's operations, independent of information supplied by the user.
(3) The authority shall have the right to investigate instances of noncompliance with this subchapter and any individual wastewater discharge permit or general permit. Sample taking and analysis and the collection of other information, independent of information supplied by the user, shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions.
(4) The 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 annually to ensure their accuracy.
(5) 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 authority and shall not be replaced. The costs of clearing such access shall be born by the user.
(6) Unreasonable delays in allowing the authority access to the user's premises shall be a violation of this subchapter.
(B) Search warrants. If the 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 City of Shelbyville 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 authority may seek issuance of a search warrant from the Circuit or Superior Court of the County of Shelby.
(Ord. 12-2683, passed 8-20-12)