§ 53.082. INSPECTION AND SAMPLING.

(A)

[Inspections Authorized.] The City, through its employees, is authorized to inspect the facilities of any user to ascertain whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties.

(1)

The City, Board, FDEP, and EPA shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations.

(2)

Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, Board, FDEP and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(3)

The City, Board, FDEP and EPA may require the User to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the User at its own expense. All devices used to measure wastewater flow and quality shall be calibrated monthly to ensure their accuracy.

(4)

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 City, Board, FDEP or EPA and shall not be replaced. The costs of clearing such access shall be borne by the User.

(5)

Unreasonable delays in allowing the City, Board, FDEP, or EPA access to the User's premises shall be a violation of this ordinance.

(B)

Administrative Inspection Warrants. If the City 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 Chapter, 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 ordinance or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City may seek issuance of an inspection warrant pursuant to F.S. Sections 933.21 through 933.26, from the Palm Beach County Court.

(Ord. No. 22-94, passed 5/3/94; Am. Ord. No. 84-94, passed 10/18/94; Ord. No. 4-02, § 23, passed 2/19/02; Ord. No. 25-12, § 11, passed 8/21/12)