Montclair Municipal Code Art. XI Compliance Monitoring

A. The City shall be authorized to enter the premises of all users to determine compliance with all applicable requirements, inspect facilities and monitoring equipment, take photographs, and take samples of the wastes discharged to the City sewer system insofar as such inspection and sampling is reasonably related to enforcement and compliance with this chapter and the users' industrial user discharge permit conditions, requirements, and discharge limitations. Such inspection shall also include the right to inspect and copy records required to be maintained by the permittee under federal, State or local industrial user discharge permit requirements.

B. Inspection may include every facility that is directly or indirectly involved with the discharge of wastewater to the City sewer system as determined by the City. Authorized personnel of the City shall be provided immediate access to all such facilities. No person shall interfere with, delay, resist, or refuse entrance to authorized City personnel attempting to inspect any facility involved directly or indirectly with the discharge of wastewater to the City sewer system.

C. City identification will be provided to all inspectors, monitoring personnel, and other authorized personnel; these persons will make themselves known when entering any user's property for inspection or sampling purposes.

D. Any permanent or temporary obstruction to the safe and easy access to any facility to be inspected shall promptly be removed by the user or property owner at the written or verbal request of the City Engineer and shall not be replaced.

E. When 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, City employees shall be permitted to enter without delay for the purposes of performing specific tasks.

F. Unreasonable delays in allowing the City Engineer access to the user's premises shall be a violation of this chapter.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1201)

The City may seek issuance of a search or inspection warrant from a court of competent jurisdiction if:

A. The City 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 chapter; or

B. There is a need to conduct an inspection and/or take a 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

C. To protect the overall public health, safety and welfare of the community.

(Ord. 99-791 Exh. A (part); prior code § 6-6.1202)