The Director or their designee shall have the right to enter the premises of any user, carry out inspections and monitoring procedures, to determine, independent of information supplied by the user, whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Director or 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. Digital photographs may be taken if related to gathering data for pretreatment purposes.
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 team so that, upon presentation of suitable identification, the Director or designee shall be permitted to enter without delay for the purposes of performing specific responsibilities.
B. 
The Director or designee shall have the right to set up on the users property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
1. 
The Director or designee may require the user, at the user's expense, to install monitoring equipment as necessary.
2. 
The facility's sampling and monitoring equipment shall be maintained at all times in a safe and properly operating condition by the user at its own expense.
3. 
All devices used to measure wastewater flow and quality shall be calibrated at a frequency in accordance with manufacturers' specifications to ensure their accuracy, unless a waiver is obtained from, or an alternative method specified by, the Director or designee.
4. 
The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis. Whether constructed on public or private property, the monitoring facilities shall be provided in accordance with the Director's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the Director or designee to perform independent monitoring activities.
C. 
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 Director or designee and shall not be replaced. The costs of clearing such access shall be borne by the user.
D. 
Unreasonable delays in allowing the Director or designee access to the user's premises shall be a violation of this chapter.
(Ord. 1911, 7-17-2023)
If the Director or their 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 these City Regulations, 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 these City Regulations or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety or welfare of the community, the City may seek issuance of a search warrant from the Montana Eleventh Judicial District Court located in Flathead County.
(Ord. 1911, 7-17-2023)