13.16.170 Right of entry–Inspection and sampling.
A. The City Manager shall have the right to enter the premises of any industrial user to determine whether the industrial user is complying with all requirements of this chapter and any industrial waste discharge permits or order issued hereunder. Users shall allow the City Manager 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.
1. Where an industrial 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 Manager shall be permitted to enter without delay for the purposes of performing specific responsibilities.
2. The City Manager shall have the right to set up on the industrial user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
3. The City Manager may require the industrial user to install monitoring equipment 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 per manufacturer’s recommendations or more frequently as required to ensure their accuracy.
4. 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 Manager and shall not be replaced. The costs of clearing such access shall be borne by the user.
5. The industrial user shall not cause unreasonable delays in allowing the City Manager access to the user’s premises.
B. If the industrial user refuses to provide the City Manager 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, the City Manager is authorized to obtain an administrative inspection warrant and enter the premises in accordance with WVMC 13.16.230 through 13.16.260. (Ord. 2-2023 § 1 (Att. A), 2023.)