§ 13-396. Right of entry: inspection and sampling.

The regulatory authority, control authority, TCEQ, or EPA, or their designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow inspecting or sampling personnel 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.

(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 guards so that, upon presentation of suitable identification, the city, TCEQ, or EPA will be permitted to enter without delay for the purposes of performing specific responsibilities.

(b)

The regulatory 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. All sampling and analysis performed by the regulatory authority to monitor compliance shall be at the expense of the industrial user.

(c)

The regulatory authority may require the 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, at a minimum, annually to ensure their accuracy.

(d)

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 regulatory authority and shall not be replaced. The costs of clearing such access shall be born by the user.

(e)

Unreasonable delays in allowing the inspecting or sampling personnel access to the user's premises shall be a violation of this article.

(f)

The regulatory authority and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purpose of:

(1)

Inspection, observation, measurement, sampling, or repair;

(2)

Maintenance of any portion of the sewerage system lying within the easements; and

(3)

Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved.

(g)

In accordance with 40 CFR 403, the city shall inspect and monitor each permitted industrial user a minimum of once per year. If the city elects to perform monitoring for the industry, then the city will monitor the industry semi-annually.

(Ord. No. 6807, § 1, 3-11-03)