8409-93 Amending Articles 1 & 2 of Chapter 17 Pretreatment Requirements the Public Sewers

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• 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 industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy. (4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial 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 industrial user. (5) Unreasonable delays in allowing City personnel access to the industrial user' s premises shall be a violation of this ordinance. Sec . 17-19 . 1 . Search Warrant . If the Director and/or his representative has been refused access to a building, structure or property of any part thereof, and if the Director and/or his representative has demonstrated probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect as part of a routine inspection 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 upon application to the Superior Court or Circuit Court, the City may seek a search and/or seizure warrant describing therein the specific location sub-ject to the warrant . The request by the City shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Director and/or his representatives in the company of a uniformed police officer. In the event of an extreme emergency affecting public health and safety, inspections shall be made without the issuance of a warrant . Sec. 17-19 .2 . Record Keeping. Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this ordinance. These records shall remain available for a period of at least three (3) years . This period shall be automatically extended for the duration of any litigation concerning compliance with this ordinance, or where the industrial user has been specifically notified of a longer retention period by the Director. SECTION IV. Division 6 of Article 2, Chapter 17 of the South Bend Municipal Code is amended to read as follows : DIVISION 6 . RECOVERY OF COSTS, PENALTIES, SEVERABILITY, CONFLICT Sec. 17-32 . Recovery of Costs. Z1ncv rli nn1-. ___ _ _ _