§ 74-116. Inspection and sampling.

(a)

The city shall inspect the facilities of any industrial user to ascertain whether the purpose of this division is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representatives ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of their duties. The city, FDEP and the EPA shall have the right to set up on the industrial user's property such devices as are necessary to conduct records examination or duplication, sampling inspection, compliance monitoring and/or metering operations. Where an industrial user has security measures in force which would require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that upon presentation of suitable identification personnel from the city, FDEP, EPA, or any other governmental entity or agency will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected, monitored, metered and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city and shall not be replaced. The costs of clearing such access shall be borne by the industrial user. The provisions of F.S. §§ 933.20 through 933.30, relating to inspection warrants, are hereby adopted by reference in this section.

(b)

This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the WWF performs the required sampling and analysis in lieu of the industrial user, the industrial user will not be required to submit the compliance certification required under the provisions of 40 CFR 403.12(b)(6) and 403.12(d). In addition, where the WWF itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.

(c)

If sampling performed by an industrial user indicates a violation, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:

(1)

The control authority performs sampling at the industrial user at a frequency of at least once per month; or

(2)

The control authority performs sampling at the industrial user between the time when the industrial user performs sampling and the time when the industrial user receives the results of this sampling.

(3)

If the control authority performed the sampling and analysis in lieu of the industrial user, the control authority will perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat sampling and analysis.

(d)

Unreasonable delays in allowing the city access to the industrial users premises shall be a violation of this division.

(e)

If the city manager or his designee 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 division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the city manager or his designee may seek issuance of a search warrant from the appropriate court having jurisdiction.

(Ord. No. 2012-17, § 1, 7-24-12)