The Director, Compliance Manager, and/or designee shall have
the right to enter the premises of any discharger to determine whether
the discharger is complying with all requirements of this chapter
and any WDP or order issued hereunder. Dischargers shall allow the
Director, Compliance Manager, and/or designee ready access to all
parts of the premises for purposes of inspection, sampling, records
examination, copying, and performance of any additional duties.
A. The Director, Compliance Manager, and/or designee shall have the
right to set up on the discharger's property, or require installation
of, necessary devices to conduct sampling and/or metering of the discharger's
operations.
B. The Director, Compliance Manager, and/or designee may require the
discharger 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 discharger at its
own expense. All devices used to measure wastewater flow and quality
shall be calibrated at least annually to ensure accuracy.
C. 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 discharger at the written or verbal request of the Director
or designee and shall not be replaced. The costs of clearing such
access shall be borne by the discharger.
D. All wastewater samples must be representative of the discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated,
kept clean, and in good working order at all times. The failure of
a discharger to keep the monitoring facility in good working order
shall not be grounds for the discharger to claim that sample results
are unrepresentative of its discharge.
E. If a discharger subject to the reporting requirement in this chapter
monitors any regulated pollutant at the appropriate sampling location
more frequently than required by the Director, using the procedures
prescribed in this chapter, the results of this monitoring shall be
included in the report.
F. Unreasonable delays in allowing the Director, Compliance Manager,
and/or designee access to the discharger's premises shall be
a violation of this chapter.
All sewers shall have an inspection and sampling manhole or
structure, with a minimum opening of twenty-four-inch-diameter and
an internal diameter of no less than 36 inches. All structures and
equipment shall conform to specifications prepared by the Director.
City employees shall have unrestricted access and use to monitoring
points and equipment therein.
While performing the necessary work on private properties, the
Director, Compliance Manager, and/or designee shall use due care,
and shall observe those safety rules established by the discharger.
The discharger shall be held harmless from claims of injury or death
to the City employees which may thereafter occur, except as such may
be caused by the negligence or failure of the discharger, or which
arise from a failure to maintain safe conditions.
Any discharger shall have the right to request, in writing,
an interpretation or ruling by the City on any matter covered by this
chapter and shall be entitled to a prompt written reply. In the event
that such inquiry is submitted by a discharger and deals with matters
of performance or compliance with this chapter for which enforcement
activity relating to an alleged violation is the subject, receipt
of a discharger's request shall stay all enforcement proceeding
pending receipt of the aforesaid written reply.