§ 98.06  MONITORING AND INSPECTION.
   The monitoring protocols of nonionizing electromagnetic radiation (NIER) emissions from existing and new WTF shall be based on generally recognized industry standards, using broadband EMF detectors. The testing should take place at the closest publicly accessible point to the equipment shelter.
   (A)   NIER Emissions compliance.  All facilities shall demonstrate continued compliance with the NIER emissions standards, as regulated by the FCC and currently found in FCC Regulations, Title 47, Part 1, Section 1.1307 and all other relevant sections. A report listing each transmitter and antenna present at the WTF, the anticipated effective power radiated from each, and monitoring reports of their actual NIER emissions shall be submitted with the annual registration. If either the equipment or effective radiated power has changed since the last registration, these changes shall be noted and calculations specifying alterations to NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER emission standards are changed by the FCC. A report of these monitoring measurements, and a certified engineer's findings with respect to compliance with the current NIER emissions standards shall be submitted with the annual registration.
   (B)   Post-construction monitoring. The owner(s) of any WTF(S) located on any facility site shall pay for an independent third party consultant, approved by the municipality, to conduct testing and monitoring of NIER emissions, as follows:
      (1)   Within 60 days of activation of a new or modified facility or additional permitted channels. A report of the monitoring results and findings of compliance shall be submitted to the Zoning inspector and the Montgomery County Combined Health District.
      (2)   Annually, submitted in conjunction with a WTF annual registration, a report of the monitoring results and findings of compliance shall be submitted to the Zoning Inspector and the Montgomery County Combined Health District.
   (C)   Excessive emissions.  Should the monitoring of a WTF site reveal that the site exceeds the most current FCC regulations regarding NIER emissions, currently found in FCC Regulations, Title 47, Part 1, Section 1.1307 and all other relevant sections, the owner(s) of all WTF utilizing that site shall be so notified. The owner(s) shall submit to the Zoning Inspector a plan for the reduction of emissions to a level that complies with the FCC standard within 30 days of notification of noncompliance. That plan shall reduce emissions to the standard within 45 days of initial notification of noncompliance.  Failure to accomplish this reduction of emissions within 45 days of initial notification of non-compliance shall be a violation of the WTF registration and zoning approvals, shall be considered a misdemeanor offense and subject to a possible revocation of the WTF registration.
   (D)   Right of inspection. Representatives of the municipal enforcement agencies, including, but not limited to, the municipal police department, fire department, building department, Montgomery County Combined Health District, and Ohio EPA, shall be permitted to enter a WTF to determine compliance with their respective agencies' regulation, at any time the applicant has been given 24 hours notice. Failure to allow inspection is unlawful and is a misdemeanor.
(Ord. 98-11, passed 5-19-98)