Right of entry and inspection

(a) Existing systems. The department may, during reasonable hours and upon notification to the person with a right to possession, enter any building or premises in the discharge of its official duties to examine or copy records or inspect, investigate, measure, or test the wastes discharged or the private sewer connected, directly or indirectly, to the public system as per 40 CFR § 403.12(o) and to use existing sewer lateral cleanouts for the purpose of inspecting, maintaining, or cleaning blockages in the public sewer system. (b) Inspection of construction of sewer system works. (1) During the construction of all sewer system works, including private sewers that directly or indirectly connect to the public system, the city shall have access thereto for inspection purposes and if considered advisable by the director, may require an inspector on the job continuously. At no time shall sewers be backfilled or covered until the department has been notified and has given proper inspection and approval. If the work is not approved, it shall be repaired or removed and reconstructed, whichever is directed by the director. (2) All costs of inspection and testing shall be borne by the owner or subdivider. (c) Premises of industrial users. (1) Upon showing proper credentials, persons authorized by the director or persons authorized by EPA or DOH, when necessary for the performance of their duties, shall have the right to enter the industrial user’s premises during scheduled, unscheduled, announced, or unannounced inspections. Such authorized personnel shall have access to any facilities and records necessary for determining compliance, including but not limited to the ability to copy any records, inspect any monitoring equipment, and sample any wastewater subject to regulation under this chapter. Notwithstanding any provision of law, persons authorized by the director may enter an industrial user’s premises at any time if the director determines that an imminent hazard to persons or property exists on or as a result of activities conducted on the industrial user’s premises. (2) The director may inspect the process areas of an industrial user, inspect chemical and waste storage areas, and inspect, sample, and monitor wastewater production activities to determine compliance with the provisions herein and any permit or order issued herein. Inspections may include but are not limited to visual observations of the pretreatment and monitoring facilities, review of the measures undertaken by the industrial user to minimize risks for slug discharges, spills, and discharges that would violate any limitations and specific prohibitions, and inspections of any hazardous waste storage areas. (3) Persons authorized by the director, EPA or DOH may witness any sampling or sampling procedures required of any industrial user as part of a self-monitoring program or an industrial wastewater discharge permit. ; Sec. 14-1.7, R.O. 1990)