(A) The Director of the Department of Environmental Management is hereby authorized to take samples and conduct or cause to be conducted any test or tests of any new or existing source, equipment, operation, process or control equipment, producing, utilizing or creating air pollution, solid waste, water or noise pollution which, in the Director’s opinion, may result in emissions or discharges in excess of the standards prescribed in this chapter.
(B) (1) Upon notification by the Director, or his or her authorized representative, that samples or tests are considered necessary, a person may elect to conduct the tests or take such samples themselves. In this event, the person shall notify the Director of his or her decision in writing setting the time and date of the sampling or testing. All tests conducted shall be in a manner acceptable to the Director, and a complete detailed report of the sampling or testing shall be submitted to the Director.
(2) The Director may stipulate that a representative of his or her office be present during the conducting of the sampling or testing and may stipulate a reasonable time limit for the completion of the sampling, testing, report preparation and submittal.
(C) Nothing in this section concerning samples taken or tests conducted by and paid for by any person or his or her authorized agent shall be deemed to abridge the rights of the Director, or his or her authorized representative, to conduct separate or additional tests of any new or existing source, equipment, process or control equipment, producing, utilizing or creating air pollution, solid waste, water or noise pollution on behalf of the city at a reasonable time and at the city’s expense except as provided below.
(Prior Code, § 102.35) (Ord. 7102, passed 12-19-1988)