§ 37-748. Compliance monitoring.

(a)

Right of entry: Inspection and monitoring.

(1)

The director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any industrial wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties related to this article.

(2)

Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director, the director's designee or duly authorized county personnel shall be permitted to enter without delay for the purposes of determining compliance with this article or performing specific responsibilities.

(3)

The director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling, flow measurement of the user's discharge to the county wastewater system, or observe the user's operations and discharge.

(4)

The director may require the user to install monitoring equipment as necessary to assess the characteristics and quantity of the discharge to the county wastewater system. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own sole expense. All devices used to measure wastewater flow and quality (characteristics) shall be calibrated at least annually to ensure their accuracy.

(5)

Any temporary or permanent obstructions 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 director and shall not be replaced. The costs of clearing such access shall be borne by the user. Unreasonable delays in allowing the director access to the user's premises shall be a violation of this article. The director has the right to remove obstructions and to recover the costs from the user in emergency situations as deemed necessary by the director.

(6)

While performing the necessary work on private properties referred to in this section or this article, the director or duly authorized county employees shall observe all safety rules applicable to the premises established by the company. The company, to the extent allowed by law, shall be held harmless for injury or death to the county employee(s), for intentional and/or negligent acts solely caused by the county employee(s). To the extent provided by law, the county shall indemnify the company against loss or damage to its property by county employees and against liability claims and demands for personal injury or property damage asserted against the company and arising out of monitoring activities as the result of negligent acts solely caused by the county employee(s).

(b)

Control manhole. The director may require the owner of any property serviced by a building sewer carrying (or reasonably believed to be carrying) waters and wastes containing prohibited substances, industrial or other nondomestic wastes in concentrations or quantities exceeding the local limits, federal categorical pretreatment standards or surcharge standards, to install a suitable control manhole together with such necessary flow meters, samples and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. The control manhole, when required, shall be accessible, safely located, and shall be constructed in accordance with plans approved by the director. The control manhole shall be installed by the owner at the owner's sole expense, and shall be maintained by the owner so as to be safe and accessible at all times and at the owner's sole expense.

(c)

Search or inspection warrants. If the director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the county that is designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community or county personnel, then the director may seek issuance of a search or inspection warrant (depending upon what the circumstances support) from a judge of a competent court of jurisdiction.

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)