(a) 
Persons or occupants of premises where wastewater is created or discharged shall allow the Director, or other City representatives under the direction of the Director, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open and operating or at any other reasonable time.
(b) 
Where a food service establishment has security measures in force, the FSE shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities.
(c) 
No person shall interfere with, delay, resist, or refuse entrance to City representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the POTW.
The Director shall develop a written FOG enforcement response plan (ERP) to include enforcement procedures, enforcement mechanisms and a fine structure in accordance with Secs. 70-272 and 70-273. The ERP shall be posted to the FOG website and be available to all food service establishments. The Wastewater Management Commission may amend or modify the FOG ERP at any time, other than the fee structure, which may only be amended by the City Council. No enforcement procedure is contingent upon the completion of any lesser activity. Nothing in this article or the FOG enforcement response plan shall limit the authority of the Director or his designee to take any action necessary for the protection of the POTW system, the environment, or public health and safety, including termination of sanitary sewer service, without first issuing a notice of violation or other less severe action.
(a) 
In general, the Director or his designee shall determine noncompliance with the provisions of this FOG control rule through registrations, visual inspections, records review, sampling, monitoring, and any other reasonable method.
(b) 
Upon review of evidence suggesting a violation may have occurred, the Director or his designee shall conduct an investigation. Inquiries, if required, shall be in writing and submitted in the form of an administrative notice (AN). If the investigation indicates that there is reasonable evidence indicating a violation has occurred, the Director or his designee shall proceed with enforcement. Enforcement may entail a written administrative warning (AW), notice of violation (NOV), or compliance order (CO); each may include a noncompliance fee as established in Sec. 70-273. Failure to respond to an AN shall automatically result in a AW. Failure to comply with the terms and conditions on an AW shall automatically result in a NOV. Failure to comply with the terms and conditions of a NOV shall automatically result in a CO.
(1) 
The Director or his designee may pursue one or more of the following enforcement options:
a. 
Administrative warning (AW). The Director or his designee may issue an administrative warning for a noncompliance event not warranting a notice of violation or compliance order. The administrative warning shall indicate the nature of the noncompliance event, any action required to comply with conditions of the administrative warning, including corrective action, and a specific date upon which a reply is required, if applicable.
b. 
Notice of violation (NOV). The Director or his designee may issue a notice of violation for a noncompliance event, including, but not limited to, failure to respond to an administrative warning or to comply with the terms or conditions of the administrative warning, failure to register, a recordkeeping or reporting failure, or other provisions of this article. The NOV shall indicate the date of noncompliance, if known, the nature of the noncompliance event, any action required to comply with conditions of the NOV, including corrective action, the amount of any noncompliance fees, and a specific date upon which a reply is required.
c. 
Compliance order (CO). The Director or his designee may issue a FOG wastewater discharge compliance order for a documented noncompliance event, including, but not limited to, failure to respond to a NOV or the terms or conditions of a NOV; repeated violations of this article, for discharges resulting in or contributing to a blockage, interference, or SSO; or repeated failure to comply with one or more provisions of this article. Should a compliance order require a cease and desist order, all costs for physical termination of service shall be paid by the owner or operator of the food service establishment or designee as well as all costs for reinstating service.
(2) 
Appeals. A food service establishment or other regulated entity may appeal an administrative warning, notice of violation, or compliance order to the City of Biddeford Wastewater Management Commission (WWMC). The appeal must be submitted, in writing, through the Director within 30 days of the date of the administrative warning, notice of violation, or compliance order. The written notice must reference the document being appealed, the reason for the appeal, and a requested resolution. Failure to submit a complete and timely appeal will result in denial of the appeal. The WWMC shall consider the appeal at the next scheduled WWMC meeting corresponding to the agenda submittal deadline. The WWMC's decision shall be final.