§ 15.60.340. Monitoring and inspections.

A.

Whenever required to carry out the objective of this title, including but not limited to developing or assisting in the development of any effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, standard of performance, or permit condition under this title; determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, standard of performance, or permit condition; or any requirement established under this chapter:

1.

The director shall require any industrial user to:

a.

Establish and maintain such records;

b.

Make such reports;

c.

Install, use and maintain such monitoring equipment or methods including, where appropriate, biological monitoring methods;

d.

Sample such effluents, in accordance with such methods, at such locations, at such intervals and in such manner as the director shall prescribe;

e.

Provide such other information as he may reasonably require; and

2.

The director or his authorized representative, upon presentation of his credentials, shall have a right of entry to, upon or through any premises in which an effluent source is located or in which any records required to be maintained under subsection 1. of this section are located. Metro shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this ordinance and any individual wastewater discharge permit or general permit or order issued hereunder. Users shall allow Metro 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, Metro shall be permitted to enter without delay for the purposes of performing specific responsibilities.

b.

Metro 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.

c.

Metro 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 to ensure their accuracy.

d.

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 Metro and shall not be replaced. The costs of clearing such access shall be borne by the user.

e.

Unreasonable delays in allowing Metro access to the user's premises shall be a violation of this ordinance; and

f.

May at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under subsection 1. and sample any effluents which the owner or operator of such source is required to sample under subsection 1.

B.

Any records, reports or information obtained under this section:

1.

Shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment or permit condition; and

2.

Shall be available to the public; except that upon a showing satisfactory to the director by any person that records, reports or information, or particular part thereof (other than effluent data), to which the director has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the director shall consider such record, report or information, or particular portion thereof, confidential in accordance with the purposes of this title, except that such record, report or information may be disclosed to officers, employees or authorized representatives of the State of Tennessee or the United States concerned with carrying out the provisions of the Clean Water Act or when relevant in any proceeding under this title or other applicable laws.

C.

Specific requirements under the provisions of subsection A.1. of this section shall be established by the director, or the authority as applicable, for each industrial user; and such requirements shall be included as a condition of the user's wastewater discharge permit. The nature or degree of any requirement under this provision shall depend upon the nature of the user's discharge, the impact of the discharge on the POTW, the volume of water discharged, and the technical feasibility of and economic reasonableness of any such requirement imposed. The user shall be required to design any necessary facility and to submit detailed design plans and operating procedures to the director for review in accordance with accepted engineering practices. The director shall review such plans within forty-five days and shall recommend to the user any change he deems appropriate.

D.

Upon approval of plans as specified in subsection C., the user shall secure building, electrical, plumbing or other permits as may be required by this code and proceed to construct any necessary facility and establish such operating procedures as are required within the time provided in the user's wastewater discharge permit.

E.

In the event any user denies the director or his authorized representative of the right of entry to or upon the user's premises for purposes of inspection, sampling effluents, inspecting and copying records, or performing such other duties as shall be imposed upon him by this section, the director shall seek a warrant or use such other legal procedures as shall be advisable and reasonably necessary to discharge his duties under this section.

(Ord. BL2010-678 § 2, 2010; prior code § 40-188, Part I (a)—(e))