§ 58-25. Inspections and search warrants.

(a)

The POTW director and other duly authorized agents and employees of the town may inspect the facilities of any user to ascertain whether the purpose of this article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the town, the approval authority and the EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of meter reading, inspection, sampling, records examination and copying, or in the performance of any of their duties. The town, approval authority and the EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security personnel so that upon presentation of suitable identification, personnel from the town, approval authority and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the POTW director's, approval authority's, or EPA's access to the user's premises shall be a violation of this article. Unreasonable delays may constitute denial of access.

(b)

While performing the necessary work on private properties referred to in subsection (a) of this section, the POTW director or duly authorized employees and agents of the town shall observe all safety rules applicable to the premises established by the owner.

(c)

The property owner shall not be released from liability to any extent if a town agent or employee is injured while making inspections which are pursuant to this article on privately owned property as a result of negligence on the part of the private property owner or any of his agents or employees.

(d)

If the POTW director, the approval authority or the EPA has been refused access to a building, structure or property 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 town designed to verify compliance with this article or any permit or order issued under this article, or to protect the overall public health, safety and welfare of the community, the POTW director, the approval authority, or the EPA may seek issuance of a search warrant from the general court of justice of the county.

(Code 2003, § 26-37; Ord. No. 99-04, § 1(22-97), 1-20-2000)