Chapter 14.30
COMPLIANCE MONITORING
Sections:
14.30.010 Inspection and sampling.
14.30.020 Monitoring facilities.
14.30.010 Inspection and sampling.
Continued connection and use of the Mountlake Terrace municipal sewer system shall be contingent on the right of the City to inspect and sample all discharges into the system. The City shall have the right to enter the facilities of any user for the purpose of the enforcement of this title, and to determine that any wastewater discharge permit or order issued hereunder is being met and whether the user is complying with all requirements thereof. 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.
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 identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.
B. 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 and/or metering of the user’s operations. It shall be the policy of the Director to inform the Department of such activities where users hold a state waste discharge permit in order to make the results of such sampling available to the Department.
C. 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.
D. Unreasonable delays or failure to allow the Director access to the user’s premises to perform functions authorized under this title shall be a violation of this title. (Ord. 2381 § 6, 2005).
14.30.020 Monitoring facilities.
A. Any user notified by the Department or the City that monitoring facilities are required shall provide and operate at its own expense a monitoring facility to allow inspection, sampling, and flow measurements of each sewer discharge to the City. Each monitoring facility shall be situated on the user’s premises, except where such a location would be impractical or cause undue hardship on the user, the City may concur with the facility being constructed in the public street or sidewalk area, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. The Director, whenever applicable, may require the construction and maintenance of sampling facilities at other locations (for example, at the end of a manufacturing line or wastewater treatment system).
B. There shall be ample room in or near such sampling facility to allow accurate sampling, flow measurement 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. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.
C. The Director may require the user to install monitoring equipment as necessary. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy. (Ord. 2381 § 6, 2005).
14.30.030 Search warrants.
A. 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 title, or that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this title or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director may seek issuance of a search and/or seizure warrant from the Snohomish County District Court, South Division or the Snohomish County Superior Court. Such warrant shall be served at reasonable hours by the Director and may be accomplished in the company of a uniformed police officer of the City.
B. In the event the Director has reason to believe a situation represents an imminent threat to public health and safety, and where entry has been denied or the area is inaccessible, the Director may enter in the company of a uniformed police officer, before a requested warrant has been produced, in order to determine if the suspected situation exists, and if so, to take such actions necessary to protect the public. (Ord. 2381 § 6, 2005).
14.30.040 Vandalism.
No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in this title. (Ord. 2381 § 6, 2005).