The Director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Part
4 and any wastewater discharge permit or order issued hereunder. 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.
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.
B. The Director shall have the right to set up on the user's property,
or require installation of, at the user's expense, such devices
as are necessary to conduct sampling and/or metering of the user's
operations.
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 annually 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 borne
by the user.
E. Unreasonable delays in allowing the Director access to the user's premises shall be a violation of this Part
4.
While performing the necessary work on private properties referred to in §
450-83 above, the Director or duly authorized employees 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 to or death of the City employees. 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 flow measurement and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in §
450-83.
The Director and other duly authorized employees of the City,
bearing proper credentials and identification, shall be permitted
to enter all private properties through which the City holds a duly
negotiated easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair and maintenance of any
portion of the wastewater facilities lying within said easement. All
entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
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 Part
4, 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 Part
4 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 the Circuit Court of Harford County.