7.38.350 AUTHORITY TO INSPECT AND MONITOR.

(a) The Director is authorized to conduct all inspection, surveillance, and monitoring procedures necessary to assure compliance with this chapter.

(b) The Director may enter without unreasonable delay, during hours of discharge from the facility or hours of operation, any premises of any user in which an industrial waste source is located or in which industrial waste records are kept. Records shall be made available to the Director for inspection and copying. Reasonable times for inspection and sampling may include times that are unannounced.

(c) The Director may enter such building or premises only upon first presenting credentials and requesting entry. If the building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.

(d) In the event that the user refuses the Director entry to the premises, inspection may be made only upon the issuance of a search warrant by a duly authorized magistrate. In the event that the user refuses entry after the request has been made, the Director is hereby empowered to seek assistance from the court in obtaining such entry.

(e) 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 Director and shall not be replaced. The costs of clearing such access shall be born by the user. Unreasonable delays in allowing the Director access to the user's premises shall be a violation of this chapter.

(f) The Director shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recording of activities on the site.

(g) In addition to other remedies available to the Director, compliance directives may be issued at the time of the inspection to require the user to implement actions which will correct violations of this chapter.