(a) 
The city, state or EPA shall have the right to enter the facilities of any non-domestic user to ascertain whether the purpose of this division, and any order issued hereunder, is being met and whether the non-domestic user is complying with all requirements thereof The city shall have the right to inspect and monitor non-domestic users, at a minimum, once annually. The non-domestic user shall allow the city, upon the presentation of credentials, to:
(1) 
Enter upon the non-domestic user premises without unreasonable delay, where a regulated facility or activity is located or conducted or where records are maintained which must be kept under the conditions of this division;
(2) 
Have access to and copy records which must be kept under conditions of this division;
(3) 
Inspect, at any reasonable time, including times of emergency, any facilities, equipment, practices, or operations regulated under this division;
(4) 
Sample or monitor any substances or parameters to assure compliance, in lieu of the information provided by the non-domestic user;
(5) 
Use a camera to photograph any areas of the facility as deemed necessary for carrying out the requirements of the FOG control program, including, but not limited to, documentation of the non-domestic user compliance status, and for reinforcement of required written reports:
(A) 
The non-domestic user shall have the right to request and obtain copies of the photographs or to take concurrent photographs. In no case shall the non-domestic user be allowed to obtain original negatives or other original memory devices.
(B) 
The non-domestic user shall have the right to request that photographs be considered confidential information in accordance with requirements specified in section 13.07.853 of this division.
(6) 
Conduct inspections of a non-domestic user’s treatment device, sewer lateral line, privately owned service line, control manhole, sampling port or other appurtenances that connect to the city’s wastewater collection system using closed circuit television (CCTV). These CCTV inspections may be used to:
(A) 
Verify that a user is operating a treatment device in an efficient operating condition;
(B) 
Determine contributing factors that cause blockages, obstructions of flow, or sanitary sewer overflows such as sources of FOG accumulations, defective infrastructure, accumulated roots and/or debris;
(C) 
Seek visual evidence of FOG accumulation between the site of blockages, obstructions of flow, or sanitary sewer overflows in the city’s wastewater collection system and upstream users; or
(D) 
Help determine costs to assess to a user for contributing to a blockage, obstruction of flow, or sanitary sewer overflow
(b) 
Unreasonable delays (as determined by the city based on prevailing circumstances) in allowing city personnel access to the non-domestic user’s premises shall be a violation of this division and may constitute further enforcement action.
(c) 
Search warrants.
If the city has been refused access to a building, structure or property or any part thereof and/or if the city has demonstrated probable cause to believe that there may be a violation of this division, or that there is a need to inspect as part of a routine inspection program designed by the city to verify compliance with this division or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then, the city shall seek a search and/or seizure warrant describing the specific location subject to the warrant.
(Ordinance 5523, sec. 2, adopted 11/3/08)
All handling, preservation, and laboratory analyses of wastewater samples collected to determine compliance with this division shall be performed in accordance with requirements specified in section 13.07.505 of this article.
(Ordinance 5523, sec. 2, adopted 11/3/08)
(a) 
Except as indicated in subsection (b), wastewater samples used to determine compliance with this division shall be collected using flow proportional composite sample techniques. In the event that flow proportional composite sampling is not feasible, the city manager may authorize the use of time proportional composite sampling or other acceptable techniques that will provide a representative sample of the effluent being discharged.
(b) 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds shall be obtained using grab sample collection techniques. In some cases, the city may require a user to collect multiple grab samples during a monitoring period to determine compliance with applicable requirements.
(c) 
The city may use a grab sample to determine compliance with instantaneous discharge limits.
(Ordinance 5523, sec. 2, adopted 11/3/08; Ordinance 6459 adopted 1/21/22)
(a) 
Information and data on a user obtained from reports, surveys, and monitoring programs, and from the city manager's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the city manager, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data.
(b) 
When requested and demonstrated by the non-domestic user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the TPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report.
(c) 
Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ordinance 6459 adopted 1/21/22)