§ 30-6. Inspections and entry powers.

(a)

Whenever the director or an authorized representative (including KDHE or EPA) elects to inspect facilities or properties to determine or verify their compliance with this chapter or unified government regulations, orders, permits or other legal requirements, or has cause to believe that there exists or potentially exists in or upon any premises any condition which constitutes a violation of this chapter or unified government regulations, orders, permits or other legal requirements, the director and other duly authorized employees or contractors of the unified government, KDHE, or EPA, bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provision of this chapter. Where a user has security measures in force that would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the unified government, KDHE, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and the director, KDHE, or EPA may obtain a search warrant for the purposes of this article from a court of competent jurisdiction in the event entry is denied or resisted. The director, KDHE, and EPA shall have authority to inquire into any industrial process including but not limited to metallurgical, chemical, oil refining, ceramic, paper, or other industries, or other uses or activities having a direct or indirect bearing on the kind and source of discharge to the sewers or waterways or facilities for wastewater treatment, or to the storm drainage system.

(b)

While performing the necessary work on private properties referred to in subsection (a) of this section, the director or duly authorized employees or contractors of the unified government shall observe all safety rules applicable to the premises established by the company.

(c)

The director and other duly authorized employees or contractors of the unified government bearing proper credentials and identification shall be permitted to enter private properties of all industrial users and other sewer users for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, operation, and maintenance of any portion of the municipal sewer system.

(d)

The director shall have the right to set up on the property of any discharger to the sanitary or storm drainage system such devices that are necessary to conduct sampling of discharges to the sanitary or storm drainage system. The industrial user shall provide protection from damage to automated sampling or flow metering equipment installed on its property.

(e)

The director shall have the right to enter the premises at any reasonable time to inspect, maintain, repair, and/or install structural controls for the management of stormwater and wastewater. In the event that the owner or occupant refuses entry after a request to enter has been made, the unified government is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

(f)

In the event that the unified government incurs costs for any of the activities conducted in this section, which costs result from a violation of this chapter or unified government regulations, orders, permits or other legal requirements, the unified government may establish a lien against the property to recover such costs.

(Code 1988, § 30-6; Ord. No. O-46-05, § 1, 6-2-2005; Ord. No. O-27-14, § 3, 4-10-2014)