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Ord 2003-050
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Ord 2003-050
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Last modified
6/2/2008 1:40:06 PM
Creation date
11/10/2003 4:53:39 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2003-50
Date
8/25/2003
Volume Book
153
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Sec. 86. 114. Right of revision. <br /> <br />The city reserves the right to establish, by ordinance or in wastewater discharge permits, more <br />stringent standards or requirements on discharges to the POTW. <br /> <br />Sec. 86.115. Authority to enter property. <br /> <br />(a) The city inspectors, agents or representatives charged with the enforcement of this division <br />are deemed to be performing a governmental function for the benefit of the general public and <br />neither the city, the director nor the individual inspector, agent or representative shall ever be <br />held liable for any loss or damage, whether real or asserted, caused or alleged to have been <br />caused as a result of the performance of that governmental function. <br /> <br />(b) The city, or an authorized representative (federal, state, or local), upon presentation of <br />credentials: <br /> <br /> (1) Shall have a right of entry without delay to, upon or through any premises to gain access <br />to any areas where chemicals or materials are formulated, handled, manufactured, processed, <br />used, stored or treated; <br /> <br /> (2) May at any reasonable time have access to any records required by this division <br />pertaining to industrial wastes as determined by the director; <br /> <br /> (3) May inspect any monitoring equipment or methods of pretreatment monitoring required <br />by tbe director and sample any effluents which the user of the source is required to sample. <br /> <br /> (4) Shall have the right to set up on the user's property, such devices as are necessary to <br />conduct sampling and/or metering of the user's operations. <br /> <br /> (5) The city may require the user to install monitoring equipment as necessary at the user's <br />expense. The facility's sampling and monitoring equipment shall be maintained at all times in <br />a safe and proper operating condition by the user at its own expense. All devices used to <br />measure wastewater flow and quality shall be calibrated at a minimum of once per week to <br />ensure their accuracy. <br /> <br />Sec. 86.116. Search warrants. <br /> <br />If the city has been refused access to a building, structure, or property, or any part thereof, and <br />is able to demonstrate probable cause to believe that there may be a violation of this division, or <br />that there is a need to inspect and/or sample as part of a routine inspection and sampling program <br />of the city designed to verify compliance with this division or any permit or order issued <br />hereunder, or to protect the overall public health, safety and welfare of the community, then the <br />director may seek issuance of a search warrant from the municipal court. <br /> <br />12 <br /> <br /> <br />
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