The Director of Wastewater or his/her designee shall have the
right to enter the premises of any user to determine whether the user
is complying with all requirements of this chapter and any individual
wastewater discharge permit or order issued hereunder. Users shall
allow the Director of Wastewater or his/her designee 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.
(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 Director of Wastewater
or his/her designee shall be permitted to enter without delay for
the purposes of performing specific responsibilities.
(2)
The Director of Wastewater or his/her designee 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.
(3)
The Director of Wastewater or his/her designee 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
according to manufacturer's instructions or at least annually to ensure
their accuracy.
(4)
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 of Wastewater
or his/her designee and shall not be replaced. The costs of clearing
such access shall be borne by the user.
(5)
Unreasonable delays in allowing the Director of Wastewater or his/her
designee, access to the user's premises shall be a violation of this
chapter.
If the Director of Wastewater or his/her designee 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 chapter, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the City of Biddeford, Maine, designed to verify compliance with
this chapter or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, the
Director of Wastewater or his/her designee, may seek issuance of a
search warrant from the Maine District Court or the York County Superior
Court.
