[Ord. No. 45-1999, § 800.1, 2-1-2000]
(a)
In accordance with 30-A M.R.S.A. § 4213, the City plumbing
inspector may enter any property at reasonable hours for the purpose
of inspecting the property for compliance with applicable rules or
to investigate alleged conditions which do not comply with the rules.
This right of entry extends to the right to enter any building with
the consent of the property owner, occupant or agent. Upon the request
of the occupant of the premises, the plumbing inspector shall present
proper credentials before entering the premises.
(b)
If entry is denied, before attempting entry, the plumbing inspector
must obtain an administrative inspection warrant from the district
court, pursuant to the procedures set out in detail in Rule 80E of
the Maine Rules of Civil Procedure.
[Ord. No. 45-1999, § 800.2, 2-1-2000]
The duly authorized employees of the City bearing proper credentials
and identification shall be permitted to enter all private properties
through which the City holds an easement for the purposes of, but
not limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the sewage works lying within the
easement. All entry and subsequent work, if any, on the easement shall
be done in full accordance with the terms of the easement pertaining
to the private property involved.
[Ord. No. 45-1999, § 800.3, 2-1-2000]
The City shall have the authority 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 waste discharges. The user
shall bear the costs of such setup or installation.
[Ord. No. 45-1999, § 800.4, 2-1-2000]
The City shall require the user to install monitoring equipment
as the City deems necessary. The user'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 at least quarterly to ensure
their accuracy.
[Ord. No. 45-1999, § 800.5, 2-1-2000]
Users subject to the reporting requirements of this article
shall retain, and make available for inspection and copying, all records
or information obtained pursuant to any monitoring activities required
by this article and any additional records or information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include, but not be limited to,
the date, exact place, method, and time of sampling and the name of
the person taking the samples; the dates analyses were performed;
who performed the analyses; the analytical techniques or methods used;
and the results of such analyses. These records shall be retained
by the user for a period of at least three years. This period shall
be automatically extended for the duration of any litigation concerning
the user or the City, or where the user has been specifically notified
of a longer retention period by the City.
[Ord. No. 45-1999, § 800.6, 2-1-2000]
Information and data on a user obtained from reports, surveys,
wastewater discharge permits and monitoring programs, and from the
City'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 City, that the
release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets or proprietary
information on the user which under applicable state law is not subject
to public inspection. When requested and demonstrated by the user
furnishing a report that such information must be held confidential
under state law, the portions of a report which might disclose such
confidential information shall not be made available for inspection
by the public, but shall be made available immediately, upon request,
to state and federal 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 part
2.302 will not be recognized as confidential information and will
be available to the public without restriction.
[Ord. No. 45-1999, § 800.7, 2-1-2000]
If the City has been refused access to any building, structure
or property, or any part thereof, for the purpose of inspecting, sampling
or otherwise monitoring compliance with this article, the City shall
seek to secure an administrative inspection warrant pursuant to Rule
80E of the Maine Rules of Civil Procedure. The warrant, if issued
by the district court, shall be executed pursuant to Rule 80E of the
Maine Rules of Civil Procedure and the City shall be accompanied by
a uniformed City police officer during the execution.
