A.
The Pretreatment Administrator and/or other duly authorized
employees of the Town of Tonawanda, United States Environmental Protection
Agency or New York State Department of Environmental Conservation, bearing
proper credentials and identification, shall be permitted to enter all properties
for the purpose of inspection, observation, measurement, sampling and testing
in accordance with the provisions of this Part 1. The Pretreatment Administrator
and such other duly authorized employees shall have the authority to inquire
into all areas of the facility's operations, including raw products used,
any processes, including metallurgical, chemical, oil, refining, ceramic,
paper or other processes, as well as any other area of facility construction
or operation that may reasonably be expected to impact the quantity or quality
of wastes generated or discharged by that industrial user. The inspectors,
employees, agents or representatives of the Town of Tonawanda, New York State
Department of Environmental Conservation and United States Environmental Protection
Agency charged with the enforcement of this Part 1 shall be deemed to be performing
a governmental function for the benefit of the general public, and neither
the Town of Tonawanda, the Pretreatment Administrator nor the individual inspector,
employee, agent or representative shall be held liable for any loss or damage,
whether real or asserted, caused or alleged to have been caused as a result
of the performance of such governmental function. The owners or occupants
of premises where industrial waste is created or discharged into the sewer
shall allow the Pretreatment Administrator, Department of Environmental Conservation,
Environmental Protection Agency, their inspectors, employees, agents or representatives
free access at all reasonable times to all parts of such premises for the
purpose of inspection or sampling or any of their duties hereunder, and the
failure or refusal of such owners or occupants to comply with this provision
shall be grounds for the disconnection of water and/or sewer service.
B.
While performing the necessary work on private properties referred to in Subsection A above and § 165-32 hereof, the Pretreatment Administrator and/or duly authorized employees of the Town of Tonawanda shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town of Tonawanda employees, and the Town of Tonawanda shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failing of the company to maintain safe conditions as required by this Part 1.
C.
The Pretreatment Administrator or duly authorized employees of the Town of Tonawanda bearing proper credentials and identification shall be permitted to enter all private, nonindustrial properties after first notifying the owner of said property at least 48 hours in advance of the visit and the proposed entry and the purpose of the inspection, observation, measurement and/or sampling of any portion of the sewage facilities or factors contained in § 165-25 hereof.
D.
The Pretreatment Administrator may immediately sever
any sewer connection when such action is necessary, in the opinion of the
Pretreatment Administrator, in order to halt or prevent a discharge which
reasonably appears to present an imminent threat to the health or welfare
of persons.
(1)
The Pretreatment Administrator may issue orders requiring
suspension of a discharge when such suspension is necessary to halt or prevent
a discharge, which presents or may represent an endangerment to the environment
or threatens to interfere with the operation of any part of the treatment
system.
(2)
Any person receiving such an order shall immediately
stop or eliminate the contribution. In the event that such person fails to
comply voluntarily with the suspension order, the Pretreatment Administrator
shall take such steps as deemed necessary, including immediate severance of
the sewer connection, to prevent or minimize damage to the environment or
to the treatment system. The Pretreatment Administrator shall reinstate wastewater
treatment service upon proof of the elimination of the noncomplying discharge.
(3)
The Town of Tonawanda shall not be liable for damage
or losses occurring as a result of actions taken in accordance with these
provisions.
The Pretreatment Administrator and/or other duly authorized employees
of the Town of Tonawanda, United States Environmental Protection Agency or
New York State Department of Environmental Conservation bearing proper credentials
and identification shall be permitted to enter all private properties through
which the Town holds a duly negotiated easement for the purpose of but not
limited to inspection, observation, measurement, sampling, repair and maintenance
of any portion of the sewage works 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 duly negotiated easement pertaining to the private property
involved.
A.
Information and data on an industrial user obtained from
reports, questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction unless the industrial user specifically requests
and is able to demonstrate to the satisfaction of the Town of Tonawanda that
the release of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the industrial user.
B.
When requested by the person furnishing a report, 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 upon written request to governmental agencies for uses related to
this Part 1, the national pollutant discharge elimination system (NPDES) permit,
state disposal system permit and/or the pretreatment programs; provided, however,
that such portions of a report shall be available for use by the state or
any state agency in judicial review or enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
C.
Information accepted by the Town of Tonawanda as confidential
shall not be transmitted to any governmental agency or to the general public
by the Town of Tonawanda until and unless a ten-day notification is given
to the industrial user.
