[Ord. 1073, 11/8/2007, § 7.1]
1. The City and its agents shall have the right to enter the premises
of any user to determine whether the user is complying with all requirements
of this Part and any wastewater discharge permit or order issued hereunder.
Users shall allow the City 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.
A. Powers. Inspections shall be conducted at the discretion of the City.
Duly authorized employees and agents of the City, upon presenting
identification and appropriate credentials, are authorized:
(1)
To enter without unreasonable delay and at reasonable times
those premises (public or private) of any person of class of user
either receiving services from the City or applying for services from
the City in which a discharge source or treatment system is located
or which records required to be maintained pursuant to this Part.
(2)
During regular working hours and at other reasonable times,
and within reasonable limits and in a reasonable manner, to have access
to and to copy records pertaining to this Part, the pretreatment program,
RCRA, and waste disposal, inspect any monitoring equipment or method
required pursuant to this Part and sample and/or analyze any effluent
which the owner or operator of such discharge source is required to
sample and/or analyze under this Part and any ordinance adopted pursuant
thereto.
(3)
During such on-site inspections, to carry out all inspections,
surveillance, and monitoring procedures necessary to determine, independent
of information supplied by any person discharging into the facilities,
compliance or noncompliance with City pretreatment requirements.
B. 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 City will be permitted
to enter without delay for the purposes of performing specific responsibilities.
The user may provide an escort for the City at his or her discretion.
C. The City 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.
D. The City may require the user to install at his or her own cost monitoring
or metering equipment as necessary to facilitate the accurate observation,
sampling, and measurements of the waste-water discharge. 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
semi-annually or at a frequency recommended by the manufacturer, to
ensure their accuracy. The monitoring and metering equipment shall
be located and maintained on the user's premises. When such a
location would be impractical or cause undue hardship to the user,
the City may allow such facility to be constructed in the public street
or sidewalk area, with the approval of the public agency having jurisdiction
over such street or sidewalk, and located so the discharge will not
be obstructed by public utilities, landscaping, or parked vehicles.
E. When more than one user discharges into a common sewer, the City
may require installation of separating monitoring and metering equipment
for each user. When there is a significant difference in wastewater
constituents and characteristics produced by different operations
of a single user, the City may require that separate monitoring and
metering facilities be installed for each separate discharge.
F. Whether constructed on public or private property, the monitoring
facilities shall be constructed in accordance with City ordinances
and any applicable construction standards required by the City or
by local, state or federal law.
G. 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 City and shall
not be replaced. The costs of clearing such access shall be born by
the user.
H. Unreasonable delays in allowing the City to the user's premises
shall be a violation of this Part.
I. The City shall comply with the user's reasonable health and
safety policies, including the use of personal protective equipment.
[Ord. 1073, 11/8/2007, § 7.2]
If the City 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 Part, 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 Part or any permit or order issued hereunder, or to protect the
overall public health, safety and welfare of the community, then the
City may seek issuance of a search warrant from the Court of Common
Pleas of Berks County, Pennsylvania.
[Ord. 1073, 11/8/2007, § 7.3]
1. The City may, by ordinance, order, permit, or letter, require any
person who discharges into the facilities to:
A. Establish and maintain records.
C. Install, calibrate, use and maintain monitoring equipment or methods
(including where appropriate, biological monitoring methods).
D. Sample and/or analyze discharges and effluent (in accordance with
the method, at the locations, at the intervals, and in the manner
as the City shall prescribe).
E. Provide other information relating to discharges into the facilities
of the project as the City may reasonably require to ensure compliance
with prescribed pretreatment. Such information shall include, but
not be limited to, those records, reports and procedures required
by applicable state and federal law.