ARTICLE VIII. - COMPLIANCE MONITORING


Section 97. - Monitoring facilities.

The commission requires the user to provide and operate at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the commission may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public right-of-way as long as it will not be obstructed by landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the commission's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the commission.

(Res. of 6-9-03(2))

Section 98. - Inspection and sampling.

The city has the right to enter and inspect the facilities of any user to ascertain whether the purpose of this resolution is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created, discharged or suspected to be discharged, shall allow city personnel ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or the performance of any of their duties. The city shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the city's access to the user's premises shall be a violation of this resolution. Unreasonable delays may constitute denial of access.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 99. - Administrative inspections warrant.

If the city 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 resolution, or that there is a need to inspect and/or sample to verify compliance with this resolution or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city may seek issuance of a administrative inspections warrant, from a judge, magistrate, clerk, or assistant clerk of the 21st Judicial District.

(Res. of 6-9-03(2); Res. of 6-11-07)

Section 100. - Employee notification.

In order that user's employees be informed of city requirements, users shall make available to their employees copied of this resolution together with such other wastewater information and notices as furnished by the city which are directed toward improving water pollution control.

Employers shall ensure that all applicable employees who may cause prohibited discharges are advised of the emergency notification procedures, as set forth in this sewer use resolution.

(Res. of 6-9-03(2))

Section 101. - Trade names.

The city's mention of trade names, brands, or commercial products does not constitute endorsement or recommendation for use.

(Res. of 6-9-03(2))