§ 52.29  COMPLIANCE MONITORING.
   (A)   Industrial user self-monitoring. Significant industrial users shall monitor for compliance with applicable pretreatment standards as directed by the city in their wastewater discharge permits, unless the city assumes responsibility for monitoring the user for compliance.
   (B)   Right of entry; inspection and sampling.
      (1)   The city shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder.
      (2)   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.
      (3)   All monitoring cost shall be paid by the user.
      (4)   A yearly surveillance fee may be initiated to reduce some equipment cost or for maintenance of monitoring devices.
      (5)   If a graduated surveillance fee is deemed necessary to check industrial discharges, then a factor may be incorporated to reduce the cost to the user as the user reduces its waste strength.
      (6)   In addition, the following shall apply to inspection and sampling:
         (a)   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;
         (b)   The city shall have the right to set up on the user’s property or require installation of devices as are necessary to conduct sampling and/or metering of the user’s operations;
         (c)   The city may require the user to install monitoring equipment a necessary. The facilities 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 bi-monthly to ensure their accuracy;
         (d)   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 the access shall be born by the user;
         (e)   Unreasonable delays in allowing the city’s access to the user’s premises shall be a violation of this chapter; and
         (f)   If directed by the city, the user shall provide an adequate sampling vault or manhole at the user’s expense in order to allow city personnel to obtain samples and flow measurement data. Electrical service shall be accessible so as to allow 24-hour composite sampling. Samples collected by the city may be split with the user upon user’s request.
   (C)   Search warrants. If the city has been refused access to 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 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 any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city may seek insurance of a search warrant from a court of competent jurisdiction.
(Ord. 162, passed 8-12-2002)