<div class="chunk-title">Sec. 78-66. - Compliance monitoring.</div>
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               1.
               
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               <span class="ital">Monitoring facilities.</span>
               
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               (a)
               
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               WSACC requires the user to provide and operate at the user's expense, monitoring facilities
               to allow inspection, sampling, and flow measurement of the building sewer and/or internal
               drainage systems. The monitoring facility should normally be situated on the user's
               premises, but WSACC may, when such a location would be impractical or cause undue
               hardship on the user, allow the facility to be constructed in the public street or
               sidewalk area and located so that it will not be obstructed by landscaping or parked
               vehicles.
               
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               (b)
               
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               There shall be ample room in or near such sampling manhole or facility to allow accurate
               sampling and preparation of samples for analysis. The facility, sampling, and measuring
               equipment shall be maintained at all times in a safe and proper operating condition
               at the expense of the user.
               
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               (c)
               
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               Whether constructed on public or private property, the monitoring facilities shall
               be provided in accordance with WSACC's requirements and all applicable local construction
               standards and specifications. Construction shall be completed within 90 days following
               written notification by WSACC.
               
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               (d)
               
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               Should WSACC determine that a monitoring facility does not comply with this article,
               or that access thereto has been denied, WSACC may require the user, at its own expense,
               to modify or relocate the monitoring facility.
               
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               2.
               
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               <span class="ital">Authority to inspect and sample.</span>
               
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               (a)
               
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               WSACC will inspect the facilities of any user to ascertain if the user is complying
               with all requirements of this article, the Act, other applicable law regulating the
               discharge of wastewater into the POTW, a compliance agreement to which the user is
               a party and which is authorized by this article, any order issued to the user pursuant
               to this article and any permit issued to the user pursuant to this article.
               
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               (b)
               
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               Any person who owns, occupies or otherwise controls any premises where wastewater
               is created or discharged shall provide WSACC, approval authority and EPA or their
               representative ready access at all reasonable times to all parts of the premises for
               the purposes of inspection, sampling, records examination and copying or in the performance
               of any of their duties. WSACC, approval authority and EPA shall have the right to
               set up on the user's premises such devices as are reasonably necessary to conduct
               sampling, inspection, compliance monitoring and/or metering operations. If a user
               has security measures in force which would require identification and clearance before
               entry into the user's premises, the user shall make necessary arrangements with their
               security personnel so that upon presentation of identification (identification being
               defined as the piece(s) of identification supplied by WSACC, approval authority or
               EPA to their respective, authorized representatives) authorized representatives from
               WSACC, approval authority and EPA will be permitted to enter, without delay, for the
               purposes of performing their specific responsibilities. Denial of access to WSACC,
               approval authority or EPA to the user's premises shall be a violation of this article.
               Denial of access may also occur if a user fails to provide without delay such facilities,
               equipment, or dev ices as are reasonably necessary to permit authorized representatives
               of WSACC, approval authority and EPA to perform their duties in a safe manner. Unreasonable
               delays may constitute denial of access. A WSACC representative may enter upon the
               property at any hour under emergency circumstances.
               
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               (c)
               
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               The time of access to a user's premises will be reasonable if, at the time ready access
               is requested, the user's facility at the premises is in operation or wastewater is
               being discharged from the user's premises into the POTW. At such time as the user's
               facilities at the premises is in operation or wastewater is being discharged from
               the user's premises into the POTW, the user shall have at least one person present
               at the premises who is readily available and is authorized to permit immediate access
               to the user's premises to WSACC, the approval authority, and the EPA.
               
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               (d)
               
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               At all times WSACC shall retain the authority to inspect the user and to sample and
               analyze the discharge of wastewater into the POTW for any purpose.
               
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               3.
               
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               <span class="ital">Search warrants.</span> If the WSACC, approval authority, or EPA 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 article, or that there is a need to inspect
               and/or sample as part of a routine inspection and sampling program of WSACC designed
               to verity compliance with this article or any permit or order issued hereunder, or
               to protect the overall public health, safety and welfare of the community, then the
               WSACC, approval authority, or EPA may seek issuance of a search warrant from the Superior
               Court of Cabarrus County.
               
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            <p class="historynote0">
               (Ord. No. 2013-19, Â§ 6, 8-19-13)
               
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