The Joint Sewer 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 Ordinance and any wastewater
discharge permit or order issued hereunder. Users shall allow the
Joint Sewer 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. User water use may be
relied upon if discharge monitoring data is not available.
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 Joint Sewer Authority
will be permitted to enter without delay for the purposes of performing
specific responsibilities.
B. The Joint Sewer 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. The Joint Sewer 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. 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 Joint Sewer Authority
and shall not be replaced. The costs of clearing such access shall
be born by the user.
E. Unreasonable delays in allowing the Joint Sewer Authority access
to the user's premises shall be a violation of this Ordinance.
F. 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 Joint Sewer 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 Ordinance, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program of the Joint
Sewer Authority designed to verify compliance with this Ordinance
or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, then the Joint
Sewer Authority may seek issuance of a search warrant from the District
Justice in whose jurisdiction the property is situate.