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.
