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ORDINANCE NO. 2007-013 <br />(4) The County Administrator may require the user to install monitoring <br />equipment as necessary. The facility's sampling and monitoring equipment shall be <br />maintained at all times in a safe and proper operating condition by the user at its own <br />expense. All devises used to measure wastewater flow and quality shall be calibrated <br />as per each permit issued to ensure their accuracy. <br />(5) Any temporary or permanent obstruction to safe and easy access to the <br />facility to be inspected and/or sampled shall be promptly removed by the user at the <br />written or verbal request of the County Administrator and shall not be replaced. The <br />costs of clearing such access shall be born by the user. <br />(6) Unreasonable delays in allowing the County Administrator access shall be a <br />violation of this Ordinance. <br />(B) Search Warrants. If the County Administrator has been refused access to a <br />building, structure, or property, or any part thereof, and is able to demonstrate probable <br />cause to believe that there may be a violation of this Ordinance, or that there is a need <br />to inspect and/or sample as part of a routine inspection and sampling program of the <br />County designed to verify compliance with this Ordinance or any permit or order issued <br />hereunder, or to protect the overall public health, safety and welfare of the community, <br />then the County Administrator may seek issuance of a search warrant, or, where <br />applicable, an inspection warrant, all pursuant to Florida Statutes Chapter 933, Search <br />And Inspection Warrants <br />SECTION 23. CREATION OF NEW SECTION 201.81 OF THE CODE <br />Commencing on the Effective Date of this Ordinance, the following section is created to <br />read as follows: <br />Section 201.81. Confidential Information. <br />Information and data on a user from reports, surveys, wastewater discharge permits, <br />and monitoring programs, and from the County Administrator's inspection and sampling <br />activities, shall be available to the public without restriction, unless the user specifically <br />requests, and is able to demonstrate to the satisfaction of the County Administrator, that <br />the release of such information or data will compromise the user's trade secrets. When <br />requested and demonstrated by the user furnishing a report that such information <br />should be held confidential, the portions of a report which might disclose trade secrets <br />or secret processes shall not be made available for inspection by the public (subject to <br />the applicable provisions of the Florida Public Records Law), but shall be made <br />available immediately upon request to government agencies for uses related to the <br />NPDES program or pretreatment program, and in enforcement proceedings involving <br />the person furnishing the report. Wastewater constituents and characteristics and other <br />effluent data as defined by 40 CFR 2.302 will not be recognized as confidential <br />information and will be available to the public without restriction. <br />30 <br />