§ 106-281. POTW inspection, surveillance and monitoring authority; right of entry.

(a)

In general. The POTW is authorized to carry out all inspection, surveillance, sampling and monitoring activities and procedures, as necessary to determine, independent of information supplied by users or any other persons, compliance or noncompliance with applicable pretreatment standards and requirements, with this article, and with other applicable laws and regulations. This authority includes, without limitation, the authority:

(1)

To verify the completeness, accuracy and representativeness of self-monitoring data submitted by users.

(2)

To determine compliance with the terms, conditions and requirements of this article or of any permit, order, notice or agreement issued or entered into under this article.

(3)

To support enforcement actions taken by the POTW against non-compliant users.

(4)

To determine if users have corrected problems identified in previous inspections.

(5)

To identify which (and to what degree) users influence the quality of the POTW's influent, effluent and sludge quality.

(6)

To evaluate the impacts of the POTW's influent on its treatment processes and receiving stream.

(7)

To evaluate the need for revised local limits.

(8)

To maintain current data on each user.

(9)

To assess the adequacy of each user's self-monitoring program and user permit.

(10)

To provide a basis for establishing sampling and monitoring requirements for users.

(11)

To evaluate the adequacy of each user's operation and maintenance activities on its pretreatment system.

(12)

To assess the potential for spills and/or slug discharge control measures, and evaluate the effectiveness of spill and slug discharge control measures.

(13)

To gather information for user permit development.

(14)

To evaluate compliance with existing enforcement actions.

(15)

To require any user to submit one or more representative samples of the wastewater discharged or that the user proposes to discharge into the POTW.

(16)

To determine compliance with requirements regarding implementation of best management practices; accidental discharge controls and protections; spill prevention or containment measures; and pollution prevention, minimization or reduction measures.

(b)

Right of entry. The POTW superintendent and other authorized representatives of the city bearing proper credentials and identification are authorized to enter a user's premises (and any other person's premises, as determined necessary by the POTW superintendent) to conduct inspection, surveillance and monitoring activities as necessary to determine compliance with this article, and in that regard shall have, without limitation, the following minimum authority:

(1)

To enter into any premises of any person in which a discharge source, treatment system or activity is located or in which records are required to be kept as provided by this article, for the purpose of inspecting, observing, measuring, sampling and testing the wastewater discharge, removing samples of wastewater for analysis, and inspecting and making copies of required records. This shall include the right to take photographs.

(2)

To set up and maintain on the person's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations, or to require the person to do so, at the person's sole expense.

(3)

To randomly sample and analyze the effluent from persons and conduct surveillance activities to identify occasional and continuing noncompliance with applicable standards and requirements. The POTW shall inspect and sample the effluent from each significant industrial user at least once a year.

(4)

To inspect any production, manufacturing, fabrication, or storage area where pollutants, subject to regulation under this article, could originate, be stored, or be discharged to the POTW.

(5)

To enter all private properties through which the POTW, the city, or other governmental agency holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the POTW or wastewater transmission facilities lying within the easement.

POTW representatives entering a person's premises for purposes authorized by this article shall comply with the person's plant safety requirements regarding such matters as entry into confined spaces, use of safety glasses, and hearing protection requirements, as requested by the person. Entry shall be commenced and completed as expeditiously as practicable, consistent with the purposes for which the entry was made.

(c)

Access without delay required. Persons shall allow the POTW ready access at all times to all parts of the person's facility or premises where wastewater governed by this article is created, handled, conveyed, treated or discharged, or where any production, manufacturing, fabrication, or storage area where pollutants regulated under this article could originate, be stored, or be discharged to the POTW, or where wastewater records are kept, for the purposes of inspection, sampling, records examination, or in the performance of any of the POTW's duties. If a person has security measures in force that would require proper identification and clearance before entry into the premises by the POTW, the person shall make necessary arrangements in advance with its security guards so that upon presentation of suitable identification, authorized representatives of the POTW (or authorized state or federal personnel) will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Upon arrival at a person's premises, POTW representatives shall inform the person or the person's employees that inspections, sampling, compliance monitoring, metering or other POTW procedures are to be performed and that the person has the right to accompany the POTW employee/representative during the performance of the person's duties.

(d)

Refusal to allow entry. If a person refuses to permit access (or unreasonably delays access) to an authorized POTW representative or to permit the representative to obtain, take, and remove samples or make copies of documents or undertake other authorized inspection, surveillance and monitoring activities as provided by this article, the POTW superintendent may order the termination of the discharge of wastewater to the POTW; order the person to permit access within a time certain; issue the person a notice of violation of this Section; or take other appropriate action as provided by this article and other applicable laws and regulations (including, but not limited to, seeking the issuance of a search warrant). Further, the refusal to permit access (or causing an unreasonable delay in access) as provided by this Section shall constitute a violation of this article.

(Ord. No. 2017-5 , § 2, 5-15-17)