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City of Portland

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17.34.080 Inspection and Sampling.

(Amended by Ordinance No. 185397 and 186192, effective September 6, 2013.)

A. Inspection.

1. Right of Entry. To the extent permitted by law, BES may enter all private and public premises at any time for the purpose of inspecting for potential violations, connections or for any other lawful purpose. This authorization includes but is not limited to inspection, sampling, testing, photographic documentation, record examination, copying, and installation of devices. Entry may not be conditioned upon BES representatives signing any type of confirmation, release, consent, acknowledgement, or other type of agreement. The City may install on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering operations. 

2. Entry Protocols.

a. The BES representative will present a City photo identification card at the time of entry;

b. The BES representative will comply with reasonable, routine safety and sanitary requirements of the facility or site as provided by the facility operator at the time of entry. The facility operator must provide the BES representative with any facility-specific safety protective equipment necessary for entry.

B. Sampling.

1. Samples of wastewater being discharged into the sewer system must be representative of the discharge.  Other sampling locations may be required by permit.  All sampling and analyses shall be performed in accordance with the procedures set forth in 40 CFR Part 136 and any amendments thereto or with any other test procedures approved by EPA. If there are no approved test procedures the Director may approve other analytical procedures. The results of all samples taken shall be reported.

2. Samples taken by City personnel for the purpose of determining compliance with the requirements of this Chapter or administrative rule may be split with the discharger, or a duplicate sample provided in the instance of fats, oils and grease, if requested by the discharger before or at the time of sampling.

C. Sampling manhole or access.  The Director may require an industrial wastewater discharger to install and maintain at the discharger’s expense a suitable monitoring access such as a manhole in the discharger’s branch sewer to allow observation, sampling and measurement of all industrial wastewaters being discharged into the City sewer system.  Any monitoring access must be constructed in accordance with plans approved by the Director and must be designed so that flow measuring and sampling equipment can be conveniently installed.  Access to the monitoring access must be available to City representatives at all times.