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(A) The Director, upon presentation of credentials, shall have the right of entry to, upon, or through the facilities of any User to determine whether the User is complying with all requirements of this chapter and any individual wastewater discharge permit, other permit or order. Users shall allow the Director ready access to all parts of the facilities for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

(1) Where a User has security measures in force which require proper identification and clearance before entry into its facilities, the User shall make necessary arrangements with its staff so that, upon presentation of credentials, the Director shall be permitted to enter for the purposes for exercising all inspection and review authorities under this chapter.

(2) The Director shall have the right to set up on the User’s property, and/or require the User to permit installation of the City equipment at the User’s expense, of such devices as determined necessary by the Director to conduct sampling and/or metering of the User’s operations.

(3) Unreasonable delays in allowing the Director access to the User’s premises shall be a violation of this chapter.

(B) Monitoring Facilities.

(1) The Director may require the User to install monitoring equipment on the User’s property as determined necessary by the Director, at the User’s expense. This monitoring facility shall be of a design or configuration and location approved by the Director and may include wastewater flow measurement equipment, automatic flow-proportional sampling equipment and automatic wastewater analysis and data recording equipment.

(2) The facility’s sampling and monitoring equipment shall be maintained at all times in a clean, safe and proper operating condition. All devices used to measure wastewater flow and quality shall be calibrated per manufacturer specifications to ensure their accuracy. Proof of the most recent calibrations shall be maintained by the User and provided to the City when requested.

(3) User shall maintain their facilities to ensure the City staff have safe and easy access and ample room in or near the monitoring facility to perform independent monitoring activities and allow for accurate sampling and preparation of samples and inspection. 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 Director and shall not be replaced. The costs of clearing such access shall be borne by the User.

(C) Digital Images. Digital images may be used to document conditions observed during inspections and investigations and sampling. Digital image means any photograph or video taken using a digital camera or device, including the audio portion of the video. Inspections and sampling are conducted to evaluate a user for the purpose of gathering information to determine if the user is in compliance with applicable environmental requirements. Inspections and sampling may also assess a regulated entity’s ability to maintain compliance. Standard Operating Procedures for the taking, use and storage of Digital Images shall be made available to the user.

(D) The user has the following rights during any inspection by an authorized employee of the Water Services Department:

(1) IU may accompany the City inspector on the premises (except during confidential interviews).

(2) In accordance with this chapter, the City may charge an annual inspection amount and assess a re-inspection fee. Refer to the most current USER FEE schedule for the dollar amount.

FOG fees

Annual Inspection

Re-Inspection

WDP fees

Annual Inspection

Re-Inspection

(3) IU has the right to make copies of any original document(s) taken from the premises by the City inspector during the inspection if the City is permitted by law to take the original document(s).

(4) IU has the right to have a "split" or "duplicate" of any samples taken during the inspection, but only if the split or duplicate would not prohibit an analysis from being conducted or render an analysis inconclusive.

(5) IU has a right to receive a copy of any analysis performed on samples taken during the inspection.

(6) The City inspector will advise anyone if conversations or interviews are being recorded.

(7) The City inspector will inform all interviewees that statements provided during the interview may be included in the inspection.

(8) That the IU has the right to appeal final City decisions in accordance with this chapter and any applicable State law provisions.

(9) That actions taken to correct deficiencies which have been identified during the inspection and noted in the inspection report are not appealable actions. (Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)