A. All owners and/or operators of hazardous waste management facilities shall adopt a monitoring plan which has been approved by the city planning director for the purpose of monitoring the release or threatened release of any hazardous material, hazardous substance or hazardous waste in, on, under, beneath or from the property of the facility, and for the purpose of measuring the ambient air of property in and around the facility.
B. All owners and/or operators of hazardous waste management facilities shall submit annual reports by December 31st of each year, whereby such reports shall include (1) results from tests conducted pursuant to the monitoring plan; (2) information on the occurrence of any release or threatened release occurring at the facility within the preceding twelve-month period, including information on any removal, remediation, or mitigation measures implemented as a result of such; (3) the total type, quantity and origin of any hazardous material, hazardous substance or hazardous waste disposed of, stored or treated at the facility within the preceding twelve months.
C. In order to carry out and insure compliance with the obligations of this chapter, any authorized city representative may, at any reasonable hour of the day, enter and inspect a hazardous waste management facility, whereby such inspection may include but is not limited to the following: (1) a physical on-site inspection of the premises including a survey to determine the topography and geology of the property; (2) the conducting of any and all sampling activities necessary to carry out the provisions of this chapter, including sampling of the soils, vegetation, air, water and biota on or beneath the premises, or from any vehicle on the premises or storage area within the premises, provided such samples are made available to the person from whom or from whose property or vehicle the samples are obtained; (3) set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of any hazardous material, hazardous substance or hazardous waste or the release or any threatened release thereof on, beneath, toward or from the property of the facility; (4) stop and inspect any vehicle reasonably suspected of transporting any hazardous material, hazardous substance or hazardous waste, when accompanied by a uniformed peace officer in a clearly marked vehicle; (5) inspect and copy any and all records, reports, test results, or other information regarding the operations on the facility, which concern or in any way relate to a release or threatened release of any hazardous material, hazardous substance or hazardous waste; (6) photograph any condition or operation on the property, including any hazardous material, hazardous substance or hazardous waste container, label, vehicle, or disposal area, and including any condition or operation constituting a violation of any law. Whenever photographs have been taken, the owner or operator of the facility shall be notified prior to public disclosure of the photograph, and upon request of that person, shall be provided a copy of any photograph for the purposes of determining whether trade secret or information for facility security will be revealed by the photograph. Public disclosure as used in this section does not include review of photographs by a court of competent jurisdiction or by any administrative law judge.
(Ord. 90-04-1063 § 3 (part))