§ 36-385. Right of entry; inspection and sampling.

The city manager or his designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued under this article. Users shall allow the city manager 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 a user has security measures in force that 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 manager will be permitted to enter without delay for the purposes of performing specific responsibilities.

(2)

The city manager shall have the right to set up on the user's property, or require installation of, the devices as are necessary to conduct sampling or metering of the user's operations.

(3)

The city manager 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 proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least once per year to ensure their accuracy. When deemed necessary by the city, continuous recording or sampling equipment shall be installed and maintained at the user's expense.

(4)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the user at the written or verbal request of the city manager and shall not be replaced. The costs of clearing the access shall be borne by the user.

(5)

Unreasonable delays in allowing the city manager access to the user's premises shall be a violation of this article.

(6)

When so requested by the industrial user, samples collected by the city will be split with the industrial user for verification of analytical results. However, final determination of the character, strength or quantity of the wastes as made by the city shall be binding as a basis for computation of charges or for actions by the city.

(Code 1989, § 10-84; Ord. of 10-2-1995, § 7.1)