§ 82-467. Monitoring.

(a)

When required by the director, the owner of any property serviced by a building sewer carrying class II wastewater discharges shall provide suitable access and such necessary meters and other devices in the building sewer to facilitate observation, sampling, and measurement of the wastewater. Such access shall be in a readily and safely accessible location and shall be provided in accordance with plans approved by the director. The access shall be provided and maintained at the owner's expense so as to be safe and accessible at reasonable times.

(b)

The director shall consider such factors as the volume and strength of discharge, rate of discharge, quantities of toxic materials in the discharge, treatment facility removal capabilities, and cost effectiveness in determining whether or not access and equipment for monitoring class II wastewater discharges shall be required.

(c)

Where the director determines access and equipment for monitoring or measuring class II wastewater discharges is not practicable, reliable, or cost effective, the director may specify alternative methods of determining the characteristics of the wastewater discharge which will, in the director's judgment, provide a reasonably reliable measurement of such characteristics.

(d)

Measurements, tests, and analyzes of the characteristics of wastewater required by this division shall conform to 40 CFR 136 and be performed by a qualified laboratory.

(e)

Right of entry shall be in accordance with the following:

(1)

The director or any other authorized representatives of the county bearing proper credentials and identification shall be permitted to immediately enter all industrial users' premises at reasonable hours to determine whether the user is complying with all standard requirements of this article and any wastewater discharge permit or order issued under this article. Users shall allow the director or other authorized representative of the county ready access to all parts of the premises for the purposes of inspection, observation, copying, measurement or conducting surveys; sampling in accordance with this division or by the director accordance with this division; and any other duties necessary to monitor and enforce compliance with this article.

(2)

Entry shall normally be made during daylight or operating hours. However, the right is reserved for the director to enter the industrial user's premises at any hour of any day the director or other authorized representative of the county deems necessary as a result of abnormal or emergency circumstances. While performing necessary work on the user's premises, the director or other authorized representative of the county shall observe all reasonable safety rules applicable to the premises established by the user, and the user shall be held harmless for injury or death to county employees. The county shall indemnify the user against loss or damage to its property and against liability claims and demands for personal injury or property damage asserted against the user, except as such may be caused by willful acts, negligence or failure of the user to maintain safe conditions.

(3)

Unreasonable delays in allowing the director or any authorized representative of the county access to the industrial user's premises shall be a violation of this article.

(4)

Search warrants. If the director or other authorized representative of the county has been refused access to a building, structure, or property or any part thereof and the director is able to demonstrate probable cause to believe that there may be a violation of this article or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the county designed to verify compliance with this article or any permit or order issued under this article or to protect the overall public health, safety, and welfare of the community, the director may seek issuance of a search warrant from the circuit court of the county.

(Code 1988, § 15-97)

(Code 1988, § 15-97)