[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
The
Director shall cause periodic inspections to be made of premises to
secure compliance with the requirements of this Chapter.
B.
The
Director shall have the right to collect samples from any point in
industrial user's processes and of any chemicals or hazardous waste
stored at the industrial user's facility.
C.
The
Director shall have the right to set up on the industrial user's property,
or require installation of, such devices as are necessary to conduct
sampling and/or metering of the industrial user's discharge.
D.
The
Director may require the industrial user to install sampling and 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 industrial user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated periodically to ensure
their accuracy.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
A.
Whenever
necessary to make an inspection, to collect samples, or to enforce
any of the provisions of this Chapter or whenever the Director or
the Director's authorized representative has reasonable cause to believe
that there exists justification to undertake such activities, the
Director or the Director's representative may enter a facility at
any reasonable time to inspect the same or to perform any duty imposed
upon the Director by this Chapter.
B.
No
person shall refuse the Director or his representative access to the
industrial user's premises or shall cause unreasonable delay in such
access.
C.
If
no consent has been given to enter or inspect any facility, no entry
or inspection shall be made without the procurement of a warrant from
a judge of a court of competent jurisdiction. The Director or the
Director's authorized representative, any Police Officer, Deputy,
or City Attorney of the City may file a written complaint with a judge
of a court of competent jurisdiction stating that he has probable
cause to believe there exists a violation or violations of the provisions
of this Chapter or any wastewater discharge permit issued hereunder
at a facility particularly described in the complaint. If such complaint
is verified by oath or affirmation stating evidential facts from which
such judge determines the existence of probable cause, such judge
shall issue a search warrant directed to the authorized person to
search the facility described in the complaint for the purposes requested.
Such search warrant may be executed and returned only within fifteen
(15) days after the date of its issuance. The person authorized to
search shall make a return promptly after concluding the search, and
such return shall contain an itemization of all violations of this
Chapter discovered pursuant to such search.
The court may consider any of the following factors along with
such other matters as it deems pertinent in its decision as to whether
a warrant shall be issued:
1.
Eye witness account of violation.
2.
Citizen complaint.
3.
Tenant's complaint.
4.
Plain view violations.
5.
Violations apparent from City records.
6.
Nature of alleged violation, the threat to life, safety and imminent
risk of harm to the POTW or the environment.
7.
Passage of time since last inspection.
8.
Previous violations at the facility.
[Ord. No. 2206 §§1 —
2, 6-5-2000]
The Director may use a grab sample(s) when appropriate to determine
non-compliance with this Chapter.
