[Amended 4-16-1996]
The Superintendent shall have the right to enter
the premises of any user to determine whether the user is complying
with all requirements of this ordinance and any wastewater discharge
permit or order issued hereunder. Users shall allow the Superintendent
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.
A.
Where a user has security measures in force which
require proper identification and clearance before entry into its
premises, the user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the
Superintendent will be permitted to enter without delay for the purposes
of performing specific responsibilities.
B.
The Superintendent shall have the right to set up
on the user's property, or require installation of, such devices as
are necessary to conduct sampling and/or metering of the user's operations.
C.
The Superintendent may require the 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 user at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated as frequently as is
necessary to ensure their accuracy.
D.
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 user at the written or verbal request of the
Superintendent and shall not be replaced. The costs of clearing such
access shall be borne by the user.
E.
Unreasonable delays in allowing the Superintendent
access to the user's premises shall be a violation of this ordinance.
Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from the Superintendent's
inspection and sampling activities, shall be available to the public
without restriction, unless the user specifically requests, and is
able to demonstrate to the satisfaction of the Superintendent, 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 data. When requested and demonstrated
by the 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.
A.
The Authority and other duly authorized employees
of the Authority bearing proper credentials and identification shall
be permitted to enter all private properties, without prior notice,
through which the Authority holds a duly negotiated easement or easements
obtained through eminent domain for the purposes of, but not limited
to, inspection, observation, measurement, sampling, repair and maintenance
of any portion of the wastewater facilities lying within said easement.
All entry and subsequent work, if any, on said easement shall be done
in full accordance with the terms of the easement pertaining to the
private property involved.
