(A) Right of entry.
(1) The director and other authorized representatives of the city bearing proper credentials and identification shall be permitted to immediately enter all IUs; premises at reasonable hours to determine whether the IU is complying with all standard requirements of this chapter and any wastewater discharge permit or order issued hereunder. Industrial users shall allow the director and other authorized representatives of the city ready access to all parts of the premises for the purposes of inspection, observation, copying, measurement or conducting surveys, sampling in accordance with this chapter, examining reports and records required by this chapter or by the director in accordance with this chapter and any other duties necessary to monitor and enforce compliance with this chapter. The director shall have the right to set up on the IU's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the IU's operations.
(2) Entry shall normally be made during daylight or operating hours. However, the right is reserved for the director to enter the IU's premises at any hour of any day the director or other authorized representative of the city deems necessary as a result of abnormal or emergency circumstances. While performing necessary work on the IU's premises, the director or other authorized representative of the city shall observe all reasonable safety rules applicable to the premises established by the IU, and the IU shall be held harmless for injury or death to the city employees, and the city shall indemnify the IU against loss or damage to its property and against liability claims and demands for personal injury or property damage asserted against the IU, except as such may be caused by willful acts, negligence or failure of the IU to maintain safe conditions.
(3) 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 IU at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be borne by the IU.
(4) Unreasonable delays in allowing the director and authorized representatives of the city access to the IU's premises shall be a violation of this chapter.
(B) Search warrants. If the director or other authorized representative of the city has been refused access to a building, structure or property, or any part thereof, and the director or city 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 director may seek issuance of a search warrant from the Circuit Court of Bay County.
(c) Confidential information. Information and data on an IU obtained from reports, questionnaires, permit applications, permits and monitoring programs and inspection and sampling activities by the city and the director shall be available to the public without restriction unless the IU specifically requests and is able to demonstrate to the satisfaction of the director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under federal or state law. In addition, the director and the city shall be subject to any confidentiality requirements established under the laws of the State of Florida.
(1) Effluent information and data provided to the control authority in accordance with 62-625.800(2), F.A.C. shall be available to the public without restriction.
(2) When requested and demonstrated by the IU furnishing a report that such information should be held confidential, the portions of a report that might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to this chapter, the NPDES program and in enforcement proceedings involving the person furnishing the report.
(Ord. 679, passed 9-26-2017)