[Ord. 1-96, 5/16/1996, § 601; as amended by Ord.
No. 2017-07, 12/7/2017]
1. In General. The Township and the Director of Public Works shall have
the right to enter any part of any property connected to the sewer
system or the POTW to determine whether a user or other person owning,
operating or using the property is complying with all requirements
of this Part and any wastewater discharge permit or order issued under
this Part. Users and other persons shall allow the Township and the
Director of Public Works 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. Security Forces. Where a user or other person has security measures
in force which require proper identification and clearance before
entry into its premises, the user or other person shall make necessary
arrangements with its security guards so that, upon presentation of
suitable identification, the Township's employees or agents or the
Director of Public Works will be permitted to enter without delay
for the purposes of performing specific responsibilities.
3. Monitoring Equipment. The Township and the Director of Public Works
shall have the right to set upon the user's or other person's property
or require the user or other person to install such monitoring equipment
as necessary to conduct sampling and/or metering of the user's or
other person's operations. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the user or other person at his own expense. All devices
used to measure wastewater flow and quality shall be calibrated at
least annually to ensure their accuracy or per the manufacturer's
specifications, whatever is the more stringent of the conditions.
Information on the meter's make, model, serial number, and date of
installation must be supplied to the Township at the time of installation.
Calibration reports for the meters must be supplied to the Township
when they are received by the facility's owner.
[Amended by Ord. No. 2023-02, 1/3/2023]
4. Obstructions to Access. Any temporary or permanent obstruction to
safe and easy access to the facility to be inspected and/or sampled
under this section shall be promptly removed by the user or other
person at the written or verbal request of the Township or the Director
of Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the user or other person.
5. Delays. Unreasonable delays in allowing access required under this
section shall be a violation of this Part.
[Ord. 1-96, 5/16/1996, § 602; as amended by Ord.
No. 2017-07, 12/7/2017]
If the Township or the Director of Public Works has been refused
access to a building, structure or property, or any part thereof,
and is able to demonstrate probable cause to believe that thereby
may be a violation of this Part or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program
of the Township or the City designed to verify compliance with this
Part or any permit or order issued under this Part or to protect the
overall public health, safety and welfare of this community, then
the Township or the Director of Public Works may seek issuance of
a search warrant from the appropriate issuing authority.
[Ord. 1-96, 5/16/1996, § 603; as amended by Ord.
No. 2017-07, 12/7/2017]
Information and data on a user or other person obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs, and from inspection and
sampling activities conducted under this Part shall be available to
the public without restriction, unless the user or other person specifically
requests confidentiality and is able to demonstrate to the satisfaction
of the Township and 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
law. Any such request must be asserted at the time the information
or data is submitted. When requested and demonstrated by the user
or other person 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.