All users discharging to the Town's wastewater collection
system shall allow unrestricted access by Town, State and EPA personnel
["Inspector(s)"] for the purpose of determining whether the user is
complying with all requirements of this chapter, and any industrial
discharge permit or order issued hereunder. Users shall allow the
Inspector(s) 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.
A.
If a user has security measures in force that require proper identification
and clearance before entry into its premises, the user shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, the Inspector(s) will be permitted to
enter without delay for the purposes of performing specific responsibilities.
B.
The Inspector(s) shall have the right 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 operations.
C.
The Inspector(s) may require the user to install monitoring equipment
as necessary. The facility'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 annually to ensure accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Inspector(s) and
shall not be replaced. The costs of clearing such access shall be
borne by the user.
E.
Unreasonable delays in allowing the Inspector(s) access to the user's
premises shall be a violation of this chapter.
F.
The Inspector(s) is authorized to obtain information concerning industrial
processes that have a bearing on the kind or source of discharge to
the public sewer. The user may request that the information in question
not be disclosed to the public. The information in question shall
be made available upon written request to governmental agencies for
uses related to this chapter, the NPDES permit, or the pretreatment
program. The burden of proof that information should be held confidential
rests with the user. However, information regarding wastewater discharge
by the user (flow, constituents, concentrations, and characteristics)
shall be available to the public without restriction.
G.
While performing the necessary work on private properties referred
to in this section, the Inspector(s) shall observe all safety rules
applicable to the premises established by the user. The user shall
be held harmless for injury or death to the Inspector(s), and the
Town shall indemnify the user against loss or damage to its property
by Town employees and against liability claims and demands for personal
injury or property damage asserted against the user and growing out
of the monitoring activities, except as such may be caused by negligence
or failure of the user to maintain safe conditions.
If the Director has been refused access to a building, structure,
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this chapter, or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the Town designed to verify compliance
with this chapter or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Director may seek issuance of a search warrant from the Manchester
District Court.
Duly authorized employees of the Town, bearing proper credentials
and identification, shall be permitted to enter all private properties
through which the Town 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 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.
Information and data on a user obtained from reports, surveys,
industrial discharge permit applications, industrial discharge permits,
and monitoring programs, and from the Director'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 Director, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, the portions
of a report that 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 providing 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.
The Town shall comply with the public participation requirements
of 40 CFR Part 25 in the enforcement of industrial pretreatment standards
and requirements.
