[Ord. 422, 10/12/1994]
1. 
The MTMA shall have the right to enter the premises of any industrial user to determine whether the industrial user is complying with all pretreatment standards and/or requirements of this Part, including any wastewater discharge permit or order issued hereunder. Industrial users shall allow the MTMA 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.
2. 
Where an industrial user has security measures in force which require 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, the MTMA personnel will be permitted to enter without delay for the purposes of performing specific responsibilities.
3. 
The MTMA 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 industrial user's operations.
4. 
The MTMA 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.
5. 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the MTMA and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
6. 
Unreasonable delays in allowing the MTMA access to the industrial user's premises shall be a violation of this Part.
[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
If the MTMA 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 Part and/or any pretreatment standard and/or requirement or that there is a need to inspect and/or sample as part of a routine inspection and/or sampling program of the MTMA designed to verify compliance with this Part and/or pretreatment standards and/or requirements or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then, upon application by the Solicitor for the MTMA to the appropriate magisterial district judge in the magisterial district where the property is located, a search warrant shall be sought by the MTMA requesting that a search be permitted and that a seizure be made of any pollutants or samples of the same which are necessary to verify whether there are any violations of this Part and/or any pretreatment standard and/or requirements.
[Ord. 422, 10/12/1994]
Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from the MTMA's inspection and sampling activities shall be available to the public without restriction, unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the MTMA that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or date. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data," as defined by 40 CFR 2.302, will not be recognized as confidential information and will be available to the public without restriction.
[Ord. 422, 10/12/1994; as amended by Ord. 616, 2/7/2007, § 4; and by Ord. 656, 4/9/2015]
MTMA shall annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW a list of industrial users which at any time during the previous 12 months were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall mean:
A. 
Chronic violations of wastewater discharge limits, defined here as 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous maximum allowable discharge limits as defined at § 18-304, Subsection 1.
B. 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous maximum allowable discharge limits as defined at § 18-304, Subsection 1, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
C. 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).
D. 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in MTMA's exercise of its emergency authority to halt or prevent such a discharge.
E. 
Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.
F. 
Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules.
G. 
Failure to accurately report noncompliance.
H. 
Any other violation(s), which MTMA determines will adversely affect the operation or implementation of the local pretreatment program.