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DIVISION 7. COMPLIANCE MONITORING
(A) The city manager shall have the right to enter the premises of any user to determine whether the user is complying with the requirements of this article and any IWD permit or order issued hereunder. Users shall allow the city manager ready access to all parts of the premises for the purposes of inspecting, sampling, examining and copying records, and performing of any additional duties.
(B) Where a user has security measures in force that require proper identification and clearance before entry into user's premises, the user shall make necessary arrangements with user's security guards so that, upon presentation of suitable identification, the city manager will be permitted to enter, without delay, for the purposes of performing specific responsibilities.
(C) The city manager shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operation.
(D) The city manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at user's sole expense. All devices used to measure wastewater flow shall be electronically calibrated at least every six months and hydraulically calibrated at least every five years to ensure their accuracy.
(E) 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 manager and shall not be replaced. The costs of clearing such access shall be borne by the user.
(F) Refusal of access or unreasonable delays in allowing the city manager access to the user's premises shall be a violation of this article. The city manager may give notice of inspections at the city managers discretion, but unannounced inspections are an important part of the city's enforcement program, and users shall have no right to advance notice of any city inspections.
(`64 Code, Sec. 25-62) (Ord. No. 2494)
If the city manager has been refused access to a building, structure or property, or any part thereof, in violation of this article and/or any IWD permit, the city manager may seek issuance of an inspection or search warrant from a court in addition to pursuing any other remedies available to the city provided by federal, State or local law.
(`64 Code, Sec. 25-63) (Ord. No. 2494)
(A) Information and data provided to the city manager pursuant to this part which is effluent data shall be available to the public without restriction.
(B) Unless eligible for confidential treatment as provided in 40 CFR Part 2, all other information which is submitted to the city manager pursuant to this article shall be available to the public in accordance with the California Public Records Act and at least to the extent provided by 40 CFR 2.302.
(`64 Code, Sec. 25-64) (Ord. No. 2494, 2875)
(A) In accordance with the public participation requirements of 40 CFR Part 25, the city manager shall at least annually publish a list of the users that, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. Publication pursuant to this section shall be in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW of IUs which were in significant noncompliance with applicable pretreatment requirements. The cost of such publication, if any, may be charged to such users by the city manager in accordance with division 11 of this article.
(B) For the purposes of this section, a SIU (or any IU which violates paragraphs (3), (4), or (8) of this subsection) is in significant noncompliance if its violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which 66% or more of wastewater measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(l);
(2) Technical review criteria (TRC) violations, defined as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within 45 days after the due date, any required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, which may include a violation of BMPs, that the POTW determines will adversely affect the operation or implementation of the city's pretreatment program.
(`64 Code, Sec. 25-65) (Ord. No. 2494, 2761, 2875)
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