Mountain House Municipal Code Ch. 6 Compliance Monitoring

The City may require users to implement technical or monitoring programs as it deems necessary, provided that the burden of such programs (including costs) bear a reasonable relationship to the need for and benefits of the program. The user shall pay the applicable City charge for the monitoring program in addition to the wastewater disposal and other charges established by the City. The monitoring program may require the user to conduct a sampling and analysis program of a frequency and type specified by the City or as required by the federal general pretreatment regulations at 40 CFR Part 403 to demonstrate compliance with prescribed wastewater discharge limitations. The user may either:

(a) Conduct its own sampling and analysis program provided the user demonstrates to the City's satisfaction that the user has the necessary qualifications and facilities to perform the work; or

(b) Engage a private consulting firm or laboratory certified by the State of California, Department of Public Health.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) The City shall have the right to enter any user's premises, including, but not limited to, any areas or points of sampling, discharge, process, storage, or recordkeeping, to determine if the user is in compliance with the requirements and any wastewater discharge permit or order issued hereunder. Users shall allow the City 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.

(b) Where a user has security measures in force that require proper identification and clearance before entry into the user's premises, the user shall make necessary arrangements so that upon presentation of suitable identification, the City shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(c) The City shall have the right to set up on the user's property, or require installation of, devices necessary to conduct sampling and/or metering of the user's operations.

(d) The City 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 expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy.

(e) At the written or verbal request of the City, the user shall promptly remove and not replace any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled. The user shall bear the costs of clearing such access.

(f) Unreasonable delays in allowing the City access to the user's premises shall be a violation of this Code.

(g) The City shall have the authority to witness any sampling and sampling procedures required of the user as part of the wastewater discharge permit program of this Code.

(h) If the City has been refused access to a building, structure, or property or any part thereof and can demonstrate probable cause to believe that there may be a violation of this Code or need to inspect and/or sample as part of a routine inspection and sampling program or to protect the overall public health, safety and welfare of the community, the City may seek issuance of an inspection or search warrant pursuant to applicable law. In the event of an emergency that affects the public health or welfare, the City may conduct any necessary inspection without consent or the issuance of a warrant.

(1) To the extent that the owner or possessor of the premises requires the City to obtain a warrant, the City may suspend the wastewater discharge permit and/or any other right to the discharge to the sewerage facilities immediately and such suspension may continue until such time as the City obtains the warrant and inspects the facilities. If the City finds no violation of this Code, the wastewater discharge permit, or other applicable federal, State, or local law that deals with sanitation or hazardous substances, the City shall lift the suspension upon the conclusion of the service of the warrant. If the City finds a violation of this Code, the wastewater discharge permit, or other applicable federal, State, or local law that deals with sanitation or hazardous substances, the City may continue or terminate the suspension and/or pursue appropriate enforcement remedies.

(i) The location of the user's monitoring facility shall provide ample room in or near the monitoring facility to allow parties to sample and prepare samples and analyses accurately. Whether constructed on public or private property, the user should provide monitoring facilities in accordance with the City's requirements and all applicable local construction standards and specifications. The user shall construct and maintain such facilities in such manner so as to enable the City to perform independent monitoring activities.

(Ord. 2024-23, § 1(Exh. A), 2024)