(A) Regulations. The county may inspect or monitor the effluent source or treatment facilities of any user to ascertain whether the purpose and requirements of this chapter are being met.
(1) Any person discharging industrial wastes into the sanitary sewer may be required to construct and maintain a suitable control or inspection manhole at the point where wastes enter the sewer, or at some other location approved by the county.
(2) The county shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. As provided for in § 51.46, county equipment set up on a user’s property may not be handled or tampered with.
(3) Where pretreatment or equalization facilities are provided by the user for any waters or wastes, they shall be maintained continuously to provide effective operation by the owner at his or her expense. All industrial user pretreatment units shall be subject to periodic inspection by the county.
(4) The county, state or EPA shall have a right of entry to, upon or through any premises in which an effluent source is located, or in which any discharge records are located. The county shall also have access to review and be able to copy any data pertaining to the user’s effluent discharges, inspect any monitoring equipment or method, and sample any discharges coming into the sanitary sewer system.
(5) Where a user has security measures in force that would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that, upon presentation of suitable identification, personnel and vehicles from the county will be permitted to enter without delay for purposes of performing their specific responsibilities.
(6) Search warrants. If the Director, approval authority or EPA has been refused access to a 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 county 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 Director, approval authority or EPA may seek issuance of a search warrant.
(7) If the monitoring facility is inside the user’s fence, there shall be accommodations to allow safe and immediate access for county personnel, such as a gate secured with a county lock. Access to the sampling site is not to be obstructed by any object (e.g., vehicles, supplies, equipment, landscaping). There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The industrial user’s entire monitoring and sampling facility shall be maintained at all times in a safe and proper operating condition by and at the expense of the user.
(8) While performing the necessary work on private properties, the authorized county representatives shall observe all safety rules applicable to the premises as established by the company. The county shall indemnify the company against loss or damage to its property by county employees. The county shall also indemnify the company against liability claims for personal injury or property damage asserted against the company resulting from the county’s inspection or sampling operations. An exception to this would be such as may be caused by negligence or failure of the company to maintain safe conditions in connection with monitoring or inspection sites.
(9) Where a permittee operates as an integrated complex, involving varying processes and having separate industrial waste sewer connections within the same contributory area, such permittee may be considered as one unit with multiple connections. An analysis for each connection may be combined in proportion to the flow from the connection, and the weighted average of the results thus obtained may be used as the measure of the total flow and concentration of the wastes discharged into the sewer system for the purpose of surcharge calculation.
(10) For integrated complexes involving various users with multiple water meters but a common discharge line (e.g., shopping centers), the county will monitor the common discharge line for the surcharge basis, and the surcharge will be billed to the owner(s) of the complex.
(B) Frequency of county monitoring.
(1) If the industrial user’s discharge flow does not contain toxic or priority pollutants, or compatible pollutants in quantities, the POTW Director will monitor at a minimum of two samples per six months.
(2) If the industrial user’s discharge contains toxic or hazardous materials, or compatible pollutants in quantities sufficient to impact the operation of the POTW, more frequent monitoring may occur, as prescribed by the Director.
(3) Deviations from the above sampling schedule will be determined by the Director.
(Ord. passed 9-9-08)