§ 23-78. Right of entry.

A. 

Whenever it shall be necessary for the purposes of this article, the City may enter upon any industrial user's facility, property, or premises subject to this article for the purposes of:

(1) 

Performing all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by industrial users, compliance or noncompliance with applicable pretreatment standards and requirements by an industrial user. Compliance monitoring and inspection shall be conducted at a frequency as determined by the City and may be announced or unannounced;

(2) 

Examining and copying any records required to be kept under the provisions of this article or of any other local, state or federal regulation;

(3) 

The City may 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. The industrial user shall be allowed to review copies of photographs for confidentiality claims;

(4) 

Inspecting any monitoring equipment or method, pretreatment system equipment and/or operation;

(5) 

Sampling any discharge of wastewater into POTW; and/or

(6) 

Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under this article, could originate, be stored, or be discharged to the POTW.

B. 

The occupant of such property or premises shall render all proper assistance in such activities. Where an industrial user has security measures in place which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security personnel so that authorized representatives of the City will be permitted to enter without delay to perform their specified functions.

C. 

The City Engineer and other duly authorized agents and employees of the City are entitled to enter all private properties through which the City or any connecting jurisdiction holds an easement.

D. 

Failure to allow entry or unreasonable delays. In the event the City or other duly authorized representative of the City is refused admission or unreasonably delayed, is a violation and may result in enforcement action as allowed for under this article including revocation of the industrial wastewater discharge permit.

E. 

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 industrial user at the written or verbal request of the City Engineer and shall not be replaced. The costs of clearing such access shall be borne by the User.

F. 

Search warrants. If the City Engineer 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 hereunder, or to protect the overall public health, safety and welfare of the community, the City may seek issuance of a search warrant from a court of competent jurisdiction.