Authorized representatives of the Town of Clarence and representatives from the USEPA and NYSDEC bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and review and copying of records, analytical data and charts related to wastewater discharge monitoring in accordance with the provisions of Part
1 of this chapter.
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 Town Engineer will be permitted to enter without
delay for the purposes of performing specific responsibilities.
B. The Town Engineer 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. The Town Engineer 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 at a minimum of once per year 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 Town Engineer and shall
not be replaced. The costs of clearing such access shall be borne by the user.
E. Unreasonable delays in allowing the Town Engineer access to the user's premises shall be a violation of Part
1 of this chapter.
If the Town Engineer 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 Part
1 of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town of Clarence designed to verify compliance with Part
1 of this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Town Engineer may seek issuance of an order or warrant from a court of appropriate jurisdiction.