Authorized representatives of the Town of Amherst 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 this Part
1.
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 this Part
1.
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 this Part
1, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Town of Amherst designed to verify compliance with this Part
1 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.