§ 58-94. Right of entry, inspections.

(a)

The authorized representatives, agents or employees of the director may enter and inspect any property, premises or place, including improvements thereon, except a building which is used exclusively for a private residence, within the limits of the county, for the purpose of inspecting the same to determine whether a violation of this article is occurring, or to verify achievement of the terms and conditions of a compliance order as provided by section 58-96 herein. Inspections conducted pursuant to this section shall be limited to obtaining that information which is reasonably necessary for the above purposes and shall be conducted in such a manner as to assure minimal interference with normal business operations of the pollutant source. No person shall refuse reasonable entry or access to any authorized representative of the director who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection. The owner or operator of the premises shall receive a report, if requested, setting forth all facts found which relate to compliance status.

(b)

An inspection pursuant to subsection 58-94(a) may be conducted only after:

(1)

Consent for the inspection is received from the owner, operator, or person in charge; or

(2)

The appropriate inspection warrant as provided in this section is obtained.

(c)

(1)

An inspection warrant as authorized by this Ordinance may be issued by a judge of any county court or circuit court of this state which has jurisdiction of the place or thing to be searched.

(2)

Upon proper affidavit being made, an inspection warrant may be issued under the provisions of this article:

a.

When it appears that the properties to be inspected may be connected with or contain evidence of the violation of any of the provisions of this article or any rule properly promulgated thereunder; or

b.

When the inspection sought is an integral part of a larger scheme of systematic routine inspections which are necessary to, and consistent with, the continuing efforts of the director to ensure compliance with the provisions of this article and any rules adopted thereunder.

(3)

The judge shall, before issuing the warrant, have the application for the warrant duly sworn to and subscribed by a representative of the board; and he may receive further testimony from witnesses, supporting affidavits, or depositions in writing to support the application. The affidavit and further proof, if had or required, shall set forth the facts tending to establish the grounds specified in subsection 58-94(c)(2) or the reasons for believing that such grounds exist.

(4)

Upon examination of the application and proofs submitted and if satisfied that cause exists for the issuing of the inspection warrant, the judge shall thereupon issue a warrant, signed by him with the name of his office, to any board representative, which warrant will authorize the representative forthwith to inspect the property described in the warrant.

(Ord. No. 95-27, § 3(1.150), 4-18-95)