Lincoln Municipal Code Art. XI Compliance Monitoring

The public works director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the public works 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.

(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, the public works director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(b) The public works director 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) The public works director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall always be maintained 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 annually 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 the public works director and shall not be replaced. The costs of clearing such access shall be borne by the user.

(e) Unreasonable delays in allowing the public works director access to the user's premises shall be a violation of this chapter.

(f) The user shall provide ample room in or near the monitoring facilities to allow accurate sampling and preparation of samples and analysis whether the facility is constructed on public or private property. The monitoring facilities shall be provided in accordance with city requirements and constructed and maintained in such manner to enable the public works director to perform independent monitoring activities.

(Ord. No. 992B, § 1, 6-25-2019)

If the public works director 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 chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the public works director may seek issuance of a search warrant from a court of competent jurisdiction.

(Ord. No. 992B, § 1, 6-25-2019)