§ 2-31-46. Compliance monitoring.

(a)

Right of entry; inspection and sampling. Subject to consent or an administrative inspection warrant as provided in subsection (b) of this section, the director and his/her representatives shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this division and any wastewater discharge permit or order issued hereunder. 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. The user shall provide sufficient space in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis. The monitoring facility shall be provided in accordance with the director's requirements and in compliance with the Florida Building Code and all applicable local construction permits, standards, and specifications. The monitoring facility shall be constructed and maintained in such a manner to enable the director to perform independent monitoring activities.

(1)

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.

(2)

The director or his/her representatives 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.

(3)

The director may require the user to install monitoring equipment as deemed reasonably 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 according to the manufacturer's instructions but no less than once per year 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 director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(5)

Unreasonable delays in allowing the director access to the user's premises shall be a violation of this division.

(6)

The director and his/her representative shall have the right to enter the premises and any buildings and structures thereon during normal business hours and at any time when there is probable cause to believe that an immediate hazard exists to life, health, or property. The director and his/her representatives shall have the right to take independent samples of any discharge from any user.

(b)

Administrative inspection warrants. If the director or officer 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 division, 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 division or any permit or order issued thereunder, to protect the overall public health, safety, and welfare of the community, or to determine the existence of an immediate hazard to life, health, or property, then the county may seek issuance of an administrative inspection warrant from the circuit court of Manatee County in accordance with Sections 933.20 through 933.30, Florida Statutes, as amended.

(Ord. No. 98-28, § 7, 9-1-98; Ord. No. 05-69, § 13, 10-25-05; Ord. No. 12-21, § 9, 5-22-12; Ord. No. 16-12, § 10, 4-12-16 )