§ 41-38. Compliance monitoring.

(a)

Right-of-entry—Inspection and sampling. The director has the right to enter the premises of any user to determine whether the user is complying with all requirements of applicable laws and any wastewater discharge permit or order. Users shall allow inspecting or sampling personnel ready access to all parts of the premises for inspections, sampling, records examination, copying, and performing any additional duties. The director may inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper, or others having a direct bearing on the kind and source of discharge to the sewers, waterways or facilities for waste treatment, including the following:

(1)

Where 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, the director will be permitted to enter without delay for the purposes of performing specific responsibilities as outlined above;

(2)

The director shall have the right to install on the user's property, or to require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations. The user shall pay for all sampling and analysis performed by the director to monitor compliance:

(3)

The director may require the user to install monitoring equipment as necessary. The user shall maintain the facility's sampling and monitoring equipment at all times in safe and proper operating condition at its own expense. The user shall calibrate all devices used to measure wastewater flow and quality, at a minimum, annually to ensure their accuracy;

(4)

The user shall promptly remove any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled at the written or verbal request of the director and shall not replace it. The costs of clearing such access shall be born by the user; and

(5)

It is unlawful for any person to cause unreasonable delays in allowing or to refuse to allow inspecting or sampling personnel access to the user's premises.

(6)

a.

In accordance with 40 CFR 403, the city shall inspect and monitor each permitted industrial user a minimum of once per year. If the city elects to perform compliance monitoring for the industry then the city will monitor the industry a minimum of semi annually.

b.

If the director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probably cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community then the director may seek issuance of a search warrant from an appropriate court.

(Ord. No. 8140, § 1, 3-20-03)