The Director, through a program of inspection and sampling will ensure compliance with the provisions of this chapter, the user's industrial wastewater discharge permit and all applicable federal and state laws and regulations. The program must include, without limitation, the review of self-monitoring reports, inspections, sampling, flow verification and the retention of all necessary records (40 CFR § 403.8(f)(1)(v)).
(A) The Director must inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all prohibitions, limitations and requirements are being complied with.
(B) Upon presentation of proper identification, persons or occupants of premises where waste or wastewater is created or discharged must allow inspectors ready access, at all reasonable times, to all parts of the premises for the purposes of inspection, sampling, records examination, evidence gathering or in the performance of any of their other duties.
(C) In addition, the Director may enter property at any hour under emergency circumstances involving the city's sewer system.
(D) The city, the approval authority and the EPA have the right to set up on the user's property the devices needed to conduct sampling inspection, compliance monitoring or metering operations.
(E) The Director, the EPA or approval authority must have access to and the right to inspect and copy all of an industrial user's records pertaining to wastewater discharge and compliance with pretreatment standards and pretreatment requirements, whether the records are located at the facility where the wastewater is created or discharged, or at another facility of user.
(F) The Director will require the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements and the submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and requirements, including without limitation the reports required in 40 CFR § 403(12)(c).
(G) During the inspection and compliance-monitoring activities, the inspector must observe all reasonable security, safety and sanitation measures. In addition, the inspector must observe reasonable precautionary measures specified by the user.
(H) Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user must make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city, approval authority or EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(I) It is unlawful for any person to interfere with, delay, resist, or refuse entrance to an authorized inspector attempting to inspect any raw material, waste or wastewater generation, conveyance, treatment or storage facility (40 CFR § 403.8(f)(1)(vi)(B)).
(J) A report listing any deficiencies and/or violations found during the inspection must be prepared by the inspector and must be kept on file at the city office. A copy of the report must be provided to the user.
(K) If corrections are needed, the user must provide to the Director an approved compliance schedule.
(L) When obtaining samples, the inspector must allow the user to collect replicate samples for separate analysis.
(Ord. 1093, passed 2-17-04) Penalty, see § 51.999