City of Las Vegas, NM Article VII Compliance Monitoring

§ 435-38 Right of entry for inspection and sampling.

A. Right to enter. The City of Las Vegas shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this chapter, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Supervisor or his representatives 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 an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City of Las Vegas and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.

(2) The Supervisor has 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 Supervisor 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 operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least quarterly to ensure their quality.

(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 Supervisor and shall not be replaced. The cost of clearing such access shall be borne by the user.

(5) Unreasonable delays in allowing the Supervisor access to the user's premises shall be a violation of this chapter.

B. Search warrants. If the Supervisor has been refused access to a building, structure or property or any part thereof, and if the Supervisor has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City of Las Vegas' Attorney, the Municipal Court Judge of the City of Las Vegas shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Supervisor in the company of a uniformed police officer of the City. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.

§ 435-39 Monitoring.

A. Sample collection. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab collection techniques. All other wastewater samples shall be collected using flow proportional composite sampling procedures. In the event flow proportional sampling is infeasible, the Supervisor may authorize the use of time proportional sampling, or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or for any of the reports required in Article VI shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA.

C. Determination of noncompliance. The Supervisor may use a grab sample(s) to determine noncompliance with pretreatment standards. The decision to use this method is at the discretion of the Supervisor and would not be announced in advance to the industrial user.