[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A. The Program Administrator 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 Program Administrator
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 Program Administrator
shall be permitted to enter without delay for the purposes of performing
specific responsibilities.
2.
The Program Administrator 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 Program Administrator 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 biannually 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 Program Administrator
and shall not be replaced. The costs of clearing such access shall
be borne by the user.
5.
Unreasonable delays in allowing the Program Administrator access
to the user's premises shall be a violation of this Chapter.
6.
The user shall provide a monitoring facility with ample room
in or near the monitoring facility to allow accurate sampling and
preparation of samples and analysis. Monitoring facilities shall be
provided in accordance with the Program Administrator's requirements
and all applicable local construction standards and specifications,
and such facilities shall be constructed and maintained in such a
manner so as to enable the Program Administrator to perform independent
monitoring activities.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
If the Program Administrator 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
Program Administrator may seek issuance of a search warrant from the
Circuit Court of New Madrid County of the State of Missouri, or other
court of competent jurisdiction.