13.90.490 Compliance monitoring.
(1) Right of Entry – Inspection and Sampling. The Public Works Director shall have the right, to the extent permitted by law, to enter all private and public premises at any time for the purpose of inspecting for potential violations, connections, or for any other lawful purpose of this chapter and any wastewater discharge permit or order issued hereunder. This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, records examination, records copying, and installation of monitoring devices.
(a) 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 City photographic identification, the Public Works Director will be permitted to enter without delay for the purposes of performing specific responsibilities.
(b) Entry may not be conditioned upon the Public Works Director signing any type of confirmation, release, consent, acknowledgment, or other type of agreement.
(c) The Public Works 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 and/or metering of the user’s operations.
(d) Users shall provide full access to all parts of the premises to the Public Works Director to use any monitoring facilities and utilities available or required in accordance with PMC 13.90.150 and 13.90.160(5) and (6) to confirm that the standards or treatment required for discharge to the sewer are being met.
(e) The Public Works Director will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the Public Works Director with any facility-specific safety protective equipment necessary for entry.
(f) Any temporary or permanent obstruction prohibiting 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 Public Works Director and shall not be replaced. The costs of clearing such access shall be borne by the user.
(g) Any unreasonable delay in allowing the Public Works Director full access to the user’s premises and wastewater operations shall be a violation of this chapter.
(2) Search Warrants. The Public Works Director may seek issuance of a search warrant from the Franklin County District Court. Such warrants may be secured when:
(a) The Public Works Director has been refused access or is unable to locate a representative who can authorize access to a building, structure, or property, or any part thereof, and the Public Works Director has cause to believe that a violation of this chapter is occurring on the premises;
(b) The Public Works Director has been denied access to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder; or
(c) The Public Works Director has cause to believe there is imminent endangerment of the overall public health, safety and welfare of the community by an activity on the premises. [Ord. 4169 § 1, 2014; Code 1970 § 13.62.070.]