§ 21-63. Compliance monitoring.  

Effective on Tuesday, November 1, 2022
  • (a) Inspection and sampling. The city shall have the right to enter the facilities of any industrial user to ascertain whether the purpose of this ordinance, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Superintendent, or his representatives, 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. 

    (1) Where an industrial user has security measures in force which require the proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, state, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities. 
    (2) The city, state, and EPA shall have the right to set up on the industrial 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 city may require the industrial 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 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 Superintendent and shall not be replaced. The costs of clearing 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. 

    (b) Inspection warrants. If the Superintendent has been refused access to a building, structure or property or any part thereof, and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect as a 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 the city may make application through the city attorney, to the Circuit Court in and for Polk County, Florida, for the issuance of an inspection warrant requesting the inspection of the specific location. The warrant, if issued by the circuit judge, shall specify what, if anything may be searched on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniform police officer of the city. In the event of an emergency affecting public health and safety, inspection shall be made without the issuance of a warrant. 

(Ord. No. 2022-49, § 1, 11-01-22)