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Article VII. Compliance Monitoring
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A. Continued connection and use of the POTW shall be contingent on the right of the director to inspect and sample all discharges into the system. The director shall have the right to enter the facilities of any user for the purpose of the enforcement of this chapter, and to determine that any wastewater discharge approval or order issued hereunder is being met and whether the user is complying with all requirements thereof. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, photographing, video recording, sampling, records examination and copying, and the performance of any additional duties. Entry will not be conditioned on the director signing any type of release, confirmation, consent, acknowledgement, or other type of agreement. If safety training needs to occur to be on site, the user shall coordinate this with the director for this to occur within 15 days of the director’s request.

B. Right of Entry and Inspection.

1. Existing Systems. The person authorized by the director may, during reasonable hours and upon notification to the person with a right to possession, enter any building or premises in the discharge of its official duties to examine or copy records or inspect, photograph, video record, investigate, measure or test the wastes discharged or the private sewer connected, directly or indirectly, to the public system as per 40 CFR 403.14(o) and to utilize existing sewer lateral cleanouts for the purpose of inspecting, maintaining, or cleaning blockages in the public sewer system.

2. Inspection of Construction of Sewer System Works.

a. During the construction of all sewer system works, including private sewers that directly or indirectly connect to the public system, the director shall have access thereto for inspection purposes and, if considered advisable by the director, may require an inspector on the job continuously. At no time shall sewers be backfilled or covered until the department has been notified and has given proper inspection and approval. If the work is not approved, it shall be repaired or removed and reconstructed, whichever is directed by the director.

b. All costs of inspection and testing shall be borne by the owner or subcontractor.

3. Premises of Industrial and Commercial Dischargers.

a. Upon showing proper credentials, persons authorized by the director, when necessary for the performance of their duties, shall have the right to enter the industrial or commercial user’s premises during scheduled, unscheduled, announced, or unannounced inspections. Such authorized personnel shall have access to any facilities and records necessary for determining compliance including, but not limited to, the ability to photograph, video record, copy any records, inspect any monitoring equipment, and sample any wastewater subject to regulation under this chapter. Notwithstanding any provision of law, persons authorized by the director may enter an industrial or commercial user’s premises at any time if the director determines that an imminent hazard to persons or property exists on or as a result of activities conducted on the industrial user’s premises.

b. The director may inspect the process areas of an industrial or commercial user, inspect chemical and waste storage areas, and inspect, photograph, video record, sample and monitor wastewater production activities to determine compliance with the provisions herein and any permit or order issued herein. Inspections may include but are not limited to visual observations of the pretreatment and monitoring facilities, review of the measures undertaken by the industrial user to minimize risks for slug discharges, spills, and discharges that would violate any limitations and specific prohibitions, and inspections of any hazardous waste storage areas.

c. Persons authorized by the director may witness any sampling or sampling procedures required of any industrial or commercial user as part of a self-monitoring program or an industrial wastewater discharge approval.

C. Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements so that, upon presentation of suitable identification, the director will be permitted to enter without delay for the purposes of performing specific responsibilities.

D. The director shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

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 borne by the user.

F. Unreasonable delays in allowing the director access to the user’s premises shall be a violation of this chapter. [Ord. 2020-07-016 § 1; Ord. 2019-11-032 § 1].