[Ord. No. 1785, 3-12-2018]
A. 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 Chapter and any individual 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.
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 shall be
permitted to enter without delay for the purposes of performing specific
responsibilities.
2.
The Director 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 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 biennially or upon request by
the Director 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 and shall
not be replaced. The costs of clearing such access shall be borne
by the User.
5.
Unreasonable delays or denials in allowing the Director access
to the User's premises shall be a violation of this Chapter.
[Ord. No. 1785, 3-12-2018]
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 Chapter, 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 Chapter or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, the
Director may seek issuance of a search warrant from the 39th Judicial
Circuit Court of Barry County.