§ 28-179. Compliance monitoring.

(a)

Right of entry; inspection and sampling. The director of public works shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this division and any wastewater discharge permit or order issued hereunder. Users shall allow the director of public works ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(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 of public works will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2)

The director of public works 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.

(3)

The director of public works may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at a minimum of once per year unless manufacturer's operating instruction require more frequent events to ensure the accuracy of the measurement device. Calibration instruments shall be NIST traceable or shall satisfy adequate standards that may be established by the director of public works.

(4)

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 of public works and shall not be replaced. The costs of clearing such access shall be born by the user.

(5)

Unreasonable delays in allowing the director of public works access to the user's premises shall be a violation of this division.

(b)

Search warrants. If the director of public works has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, 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 division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the director of public works may seek issuance of a search warrant from the Jackson County District Court.

(Ord. No. 99-12, § 2(7.1, 7.2), 8-17-99; Ord. No. 2006-03, § 10, 1-24-06)