[Amended 2-19-2008 by Ord. No. 155-6]
The control authority shall have the right to
enter the premises of any user, without notice, to determine whether
the user is complying with all requirements of this Part 2 and any
wastewater discharge permit or order issued hereunder. Users shall
allow the control authority 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. A user's water
use may be relied upon if discharge monitoring data is not available.
A.Â
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
control authority will be permitted to enter without delay for the
purposes of performing specific responsibilities.
B.Â
The control authority 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.
C.Â
The control 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 to ensure their accuracy.
D.Â
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
control authority and shall not be replaced. The costs of clearing
such access shall be borne by the user.
E.Â
Unreasonable delays in allowing the control authority
access to the user's premises shall be a violation of this Part 2.
F.Â
When it would be impractical or cause undue hardship
on the user to situate the monitoring facility on the user's premises,
the municipality may allow the facility to be constructed in the public
street or sidewalk area and located so that it will not be obstructed
by landscaping or parked vehicles. There shall be ample room in or
near such sampling manhole or facility to allow accurate sampling
and preparation of samples for analysis. The facility, sampling and
measuring equipment shall be maintained at all times in a safe and
proper condition at the expense of the user.
If the control authority has been refused access
to a building, structure or property, or any part thereof by a user,
and is able to demonstrate probable cause to believe that there may
be a violation of this Part 2 or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program of the
control authority designed to verify compliance with this Part 2 or
any permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then the control authority
may seek issuance of a search warrant from the District Justice in
whose jurisdiction the property is situate.
