(a) 
The city, state or EPA shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this division, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. The city shall have the right to inspect and monitor industrial users. The industrial user shall allow the city, upon the presentation of credentials, to:
(1) 
Enter upon the industrial user premises without unreasonable delay, where a regulated facility or activity is located or conducted or where records are maintained which must be kept under the conditions of this permit;
(2) 
Have access to and copy records which must be kept under conditions of this permit;
(3) 
Inspect, at any reasonable time, including times of emergency, any facilities, equipment, practices, or operations regulated under this permit;
(4) 
Sample or monitor any substances or parameters to assure permit compliance, in lieu of the information provided by the industrial user;
(5) 
Inspect any production, manufacturing, fabricating, or storage area where pollutants regulated under the wastewater discharge permit or this division, could originate, be stored, or be discharged to the sewer system;
(6) 
Use a camera to photograph any areas of the facility as deemed necessary for carrying out the duties of the industrial pretreatment program including, but not limited to, documentation of the industrial user’s compliance status, and for reinforcement of required written reports:
(A) 
The industrial user shall have the right to request and obtain copies of the photographs or to take concurrent photographs. In no case shall the industrial user be allowed to obtain original negatives or other original memory devices.
(B) 
The industrial user shall have the right to request that photographs be considered confidential information in accordance with requirements specified in section 13.07.566 of this division.
(b) 
Unreasonable delays (as determined by the city based on prevailing circumstances) in allowing city personnel access to the industrial user’s premises shall be a violation of this permit and may constitute further enforcement action.
(c) 
All inspection schedules developed by the city staff are proprietary and are not subject to the Freedom of Information Act or the Texas State Open Records Act pursuant to section 6252-17(a) and section 3(a)(1).
(Ordinance 6444 adopted 1/3/22)
(a) 
If the city has been refused access to a building, structure or property or any part thereof, and/or if the city has demonstrated probable cause to believe that there may be a violation of the wastewater discharge permit or this division, or that there is a need to inspect as part of a routine inspection program designed by the city to verify compliance with this permit or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then, the city shall seek a search and/or seizure warrant describing the specific location subject to the warrant.
(b) 
The warrant shall specify what, if anything, may be searched and/or seized on the property described.
(c) 
Such warrants shall be served at reasonable hours, including times of emergency, by the city manager or his authorized representative, in the company of a uniformed police officer of the city.
(Ordinance 6444 adopted 1/3/22)