The Town shall investigate instances of non-compliance with this Ordinance. The Town shall, as necessary, sample and analyze the wastewater discharges of contributing users and conduct surveillance and inspection activities to identify, independently of information supplied by such users, occasional and continuing non-compliance with the discharge requirements of this Ordinance. Each user will be billed directly for costs incurred for the sampling and analysis of its wastewater.
All permitted users discharging to the Town's POTW shall allow unrestricted access by Town, State and EPA personnel ("Inspector(s)") for the purpose of determining whether the user is complying with all requirements of this Ordinance, and any permit or order issued hereunder. Users shall allow the Inspector(s) 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 that require proper identification and clearance before entry into its premises, the user shall make and maintain all necessary arrangements so that, upon presentation of suitable identification, the Inspector(s) will be permitted to enter without delay for the purposes of performing specific responsibilities.
B.
The Inspector(s) 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 Inspector(s) may require the user to install monitoring equipment as necessary. The user'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 in accordance with the manufacturer's recommendations (but at least annually) to ensure their accuracy. Calibration records shall be maintained.
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 Inspector(s) and shall not be replaced. The cost of clearing such access shall be borne by the user.
E.
Unreasonable delays in allowing the Inspector(s) access to the user's premises, sampling or inspection sites, or pretreatment records shall be a violation of this Ordinance.
F.
The Inspector(s) is authorized to obtain information concerning all processes that have a bearing on the kind or source of discharge to the public sewer. In accordance with the provisions of Article VIII of this Ordinance, the user may request that the information in question not be disclosed to the public if it can establish the revelation to the public might result in an advantage to competitors.
G.
The Inspector(s) shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purpose of, but limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the POTW 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.
H.
The Inspector(s) shall inspect the premises of any consumer for leakage or wastes of metered water upon the request of the consumer. Such a request may be required in writing by the Town. The Town shall not be held liable for any condition that may prevail or exist and discovered by inspection of the Inspector(s) upon request.
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 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 Town 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 Director may seek issuance of a search warrant or administrative search warrant, as applicable, from the District or Superior Court having jurisdiction.