In accordance with 40 CFR 403.8(f)(2)(v), the control authority shall randomly inspect and sample each significant industrial user once a year in order to verify self-monitoring reports and other user-provided information. This section shall not preclude the control authority from sampling and/or inspecting significant industrial users more frequently or from sampling or inspecting any nonsignificant industrial user or any other user.
(1966 Code, sec. 32-129; 2001 Code, sec. 106-721; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
The control authority and/or the approval authority shall have the right to enter the premises of any user, whether or not the user possesses a wastewater discharge permit, to determine whether the user is complying with all the requirements of this article and any wastewater discharge permit or order issued under this article. A user shall allow the control authority and/or the approval authority ready access to all parts of the premises for the purpose of sampling, records examination and copying, and the performance of any additional duties, including determination and verification of proper classification of the user as a categorical, noncategorical, significant, or nonsignificant industrial user.
(b) 
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 control authority and/or the approval authority will be permitted to enter without delay for the purposes of performing specific responsibilities.
(c) 
The control authority 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.
(d) 
The control authority may require the user to install sampling equipment, monitoring equipment, metering equipment, and/or control manholes 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 his own expense. All devices used to measure wastewater flow and quality shall be calibrated at appropriate intervals to ensure their accuracy.
(e) 
Any temporary or permanent obstruction, whether object, condition, or otherwise, to safe and easy access to the facility or the facility’s control point shall be promptly removed by the user at the written or verbal request of the control authority and shall not be replaced. The costs of clearing such access shall be borne by the user.
(f) 
Unreasonable delays in allowing the control authority and/or the approval authority access to the user’s premises shall be a violation of this article.
(g) 
The right of access of the control authority and/or the approval authority shall extend to but not be limited to any premises where there is a discharge source or pretreatment system located or where records are required to be kept by this article or under 40 CFR 403. To make a comprehensive determination of user’s compliance status, the control authority and/or the approval authority shall have access to all areas of the facility, including but not limited to areas where chemicals and raw materials are stored. This right shall be considered at least as extensive as the authority provided under section 308 of the Act.
(h) 
During the course of any visit, the control authority and/or the approval authority may document any part or process of the facility by written document, still photography, video, audio, or any other recording method deemed appropriate by the control authority and/or the approval authority. The user may use the procedures in section 106-569 to request that portions of the documentation be considered confidential information.
(i) 
The user shall not deny access by the control authority and/or the approval authority to any area of the facility for any reason, including but not limited to proprietary processes, security clearance, safety concern, or personal privacy. Any necessary arrangements for access to all areas shall have been made by the user beforehand so that upon presentation of suitable identification, the control authority and/or the approval authority shall be permitted to enter any area of the facility without reasonable delay for the purposes of performing specific responsibilities. The failure of the user to make any such necessary arrangements shall not constitute a valid reason for the user to deny entrance by the control authority and/or the approval authority to any area of the facility.
(1966 Code, sec. 32-129(1); 2001 Code, sec. 106-722; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
If the control authority and/or the approval authority 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 article 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 article or any permit or order issued under this article or to protect the overall public health, safety and welfare of the community, the control authority may seek issuance of a search warrant.
(1966 Code, sec. 32-129(2); 2001 Code, sec. 106-723; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)