The pretreatment coordinator has the right to enter the premises
of any user to determine whether the user is complying with the requirements
of this chapter and with any individual wastewater discharge permit
or general permit or order issued under this chapter. Users must allow
the pretreatment coordinator ready access to the entire premises for
the purposes of inspection, sampling, records examination and copying,
and the performance of any additional duties.
A. Where
a user has security measures in force that require proper identification
and clearance before entry into its premises, the user must make necessary
arrangements with its security guards so that, upon presentation of
suitable identification, the pretreatment coordinator will be permitted
to enter without delay for the purposes of performing his or her responsibilities
under this chapter.
B. The
pretreatment coordinator has the right to set up on the user's property,
or to require installation of, such devices as are necessary to conduct
sampling and/or metering of the user's operations.
C. The
pretreatment coordinator may require the user to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
must be maintained at all times in proper operating condition by the
user at its own expense. All devices used to measure wastewater flow
and quality must be calibrated quarterly to ensure their accuracy.
D. Any
temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled must be promptly removed by
the user at the written or verbal request of the pretreatment coordinator
and must not be replaced. The costs of clearing such access must be
borne by the user.
E. Unreasonable
delay in providing the pretreatment coordinator access to the user's
premises is a violation of this chapter.
F. There
must be ample room in or near the monitoring facility to allow accurate
sampling and preparation of samples and analysis. Whether constructed
on public or private property, the monitoring facilities must be provided
in accordance with the pretreatment coordinator's requirements and
with all applicable local construction standards and specifications,
and such facilities must be constructed and maintained in a manner
so as to enable the pretreatment coordinator to perform independent
monitoring activities.
(Ord. 757 § 7, 2010; Ord. 816 § 4, 2019)
If the pretreatment coordinator has been refused access to a
building, structure, or property, or any part of the premises, and
is able to demonstrate probable cause to believe that there may be
a violation of this chapter, 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 chapter or with any permit
or order issued under the ordinance, or to protect the public health,
safety and welfare, the pretreatment coordinator may seek issuance
of a search warrant from any Magistrate as defined by, California
Penal Code Section 808, per California
Penal Code Section 1528.
(Ord. 757 § 7, 2010; Ord. 816 § 4, 2019)