The Superintendent, 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 wastewater discharge permit or order issued hereunder. Users shall allow the Superintendent, 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.
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 Superintendent, or his/her designee, will be permitted to enter without delay for the purposes of performing specific responsibilities.
B. 
The Superintendent, 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.
C. 
The Superintendent, or his/her designee, shall require the user to install monitoring facilities 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 at minimum one time per year to ensure their accuracy.
D. 
Monitoring facilities consisting of a manhole or sampling chamber or clean-out that meets plumbing code requirements that will provide the POTW with sufficient access to maintain the wastewater service connection, monitor flow, sample building discharge and conduct an inspection in accordance with plans and specifications approved by the POTW Superintendent, or his/her designee, shall be provided. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would be impractical or cause undue hardship on the user, 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 operating condition at the expense of the user. All new food service establishments (FSE) shall be considered to have a process waste and therefore be required to provide a monitoring facility after the grease interceptor. All users that are in the zoning classification of retail (for food preparation), commercial, industrial or manufacturing will be required to provide a monitoring facility. This shall also include any facility that may be located in a residential zoning district that prepares food; such as schools, churches, nursing homes, or assisted-living facilities. Multitenant buildings shall provide a monitoring facility specific to each individual unit. In the case where a monitoring facility may not have been provided for a specific unit due to the intended use of the unit, provisions shall be in place to provide, at the user's expense, a specific monitoring facility for that unit in the event the intended use changes.
E. 
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Within 90 days of written notification of requirements, detailed plans showing the monitoring facilities shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to accurately sample and monitor their discharge. Any subsequent changes in the facilities shall be reported to and be acceptable to the City prior to the user's initiation of the changes. Construction shall be completed within 90 days following written notification of acceptability by the City, unless a time extension is otherwise granted by the City.
F. 
Where required by the City, additional control manholes or sampling chambers shall be provided at the end of each industrial process within an industrial user's facility suitable for the determination of compliance with pretreatment standards.
G. 
Any temporary or permanent obstruction that does not allow 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 Superintendent or his/her designee, and shall not be replaced. The costs of clearing such access shall be borne by the user.
H. 
Unreasonable delays in allowing the Superintendent, or his/her designee, access to the user's premises shall be a violation of this chapter.
If the Superintendent, 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 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, then the Superintendent, or his/her designee, may seek issuance of a search warrant from the Circuit Court of McHenry County.