In order that the industrial user's employees be informed
of the City requirements, notices shall be permanently posted on appropriate
bulletin boards within the user's facility advising employees
of the City requirements and whom to call in case of an accidental
discharge in violation of this chapter.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, individual wastewater discharge
permits, and monitoring programs, and from 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 Director of Public Works, 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 SPDES program or pretreatment program,
and in enforcement proceedings involving the person furnishing the
report. Wastewater constituents and characteristics and other effluent
data, as defined at 40 CFR 2.302 shall not be recognized as confidential
information and shall be available to the public without restriction.
A.
The Director of Public Works and other authorized representatives
of the City, representatives of EPA, NYSDEC, NYSDOH, and/or Ontario
County Health Department, bearing proper credentials and identification,
shall be permitted to enter upon all nonresidential properties at
all times for the purpose of inspection, observation, sampling, flow
measurement, and testing to ascertain a user's compliance with
applicable provisions of federal and state law governing use of the
City's POTW, and with the provisions of this chapter.
B.
Inspections of residential properties shall be performed in proper
observance of the resident's civil rights.
C.
Such representative(s) shall have the right to set up, on the user's
property or property rented/leased by the user, such devices as are
necessary to conduct sampling or flow measurement.
D.
The Director of Public Works 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 quarterly to ensure
their accuracy.
E.
Where a user has security measures in force which would require proper
identification and clearance before entry into the premises, the user
shall make necessary arrangements so that, upon presentation of suitable
identification, inspecting personnel will be permitted to enter, without
delay, for the purpose of performing their specific responsibilities.
Guard dogs shall be under proper control of the user while the representatives
are on the user's property or property rented/leased by the user.
Such representative(s) shall, additionally, have access to and may
copy any records the user is required to maintain under this chapter.
F.
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 Director of Public
Works and shall not be replaced. The costs of clearing such access
shall be borne by the user.
G.
Unreasonable delays in allowing the Director of Public Works access
to the user's premises shall be a violation of this chapter.
The Director of Public Works or his designees, bearing proper
credentials and identification, shall be permitted to enter all private
premises through which the City holds an easement for the purpose
of inspection, observation, measurement, sampling, repair, and maintenance
of any portion of the City's public sewer system lying within
the easement. All entry and subsequent work on the easement shall
be done in accordance with the terms of the easement pertaining to
the private premises involved.
A.
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in §§ 567-51 and 567-52, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector's supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector's supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
Any person who knowingly makes any false statements, representation,
record, report, plan or other documentation filed with the municipality
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this chapter shall be in
violation of this chapter and subject to the penalties provided herein.
Any persons who maliciously, willfully or recklessly break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance,
or equipment which is a part of the City of Canandaigua sewerage system
or public sewer tributary thereto shall be in violation of this chapter
and subject to the penalties provided herein.
