The Town shall investigate instances of noncompliance with the industrial pretreatment standards and requirements. The Town shall, as necessary, sample and analyze the wastewater discharges of contributing users and conduct surveillance and inspection activities to identify, independently of information supplied by such users, occasional and continuing noncompliance with industrial pretreatment standards. Each industrial user will be billed directly for costs incurred for analysis of its wastewater.
A.
Rights of access.
(1)
Agents or representatives of the Town shall have free access, at reasonable times, to all premises supplied with water to determine or verify the quantity of water used, the manner of its use, type of fixtures used, which shall be subject to rejection if found to be unsuitable for the purpose, and whether there is unlawful waste.
(2)
Duly authorized representatives of the Town may inspect the property or the facilities of any customers (including facilities under construction) to ascertain compliance with these regulations. Customers of premises where water service pipes or fire pipes are located shall allow properly identified Town representatives ready access, at all reasonable times during normal business hours and at such other times as the Town reasonably suspects that a violation of the regulations may be occurring.
B.
Consequences.
(1)
Consequences of denial of entry or access. Where a customer, after having received reasonable notice from the Town, refuses to permit properly identified Town personnel to enter or have access to premises or facilities in accordance with the terms of this section, the Town may forthwith give written notice of its intent, which may be up to and including the termination of water service to such customer.
(2)
When the Town determines that a violation of these regulations or any damage to the public water mains is threatened or has occurred, any one or more of the following actions may be taken:
(a)
The Town may shut off water service as authorized elsewhere in these regulations.
(b)
The Town may issue an order to cease and desist any such violation and may direct the violator(s) as follows:
(c)
The Town may require the customer in question to submit a detailed schematic plan and time schedule showing the specific actions to be taken in order to prevent or correct a violation. The Town may modify such schematic and time schedule, or require such other actions within such times, as the Town deems appropriate.
(d)
The Town may take direct enforcement action by filing suit in any court of competent jurisdiction pursuant to any applicable statute or regulation.
(3)
All industrial users discharging to the Town's POTW 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 regulation, 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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Unreasonable delays in allowing the Inspector(s) access to the user's premises shall be a violation of this regulation.
H.
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 industrial user may request that the information in question not be disclosed to the public in accordance with Article 9 of this regulation. The information in question shall be made available upon written request to governmental agencies for uses related to this regulation, 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.
I.
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.
J.
The inspector(s) shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the POTW 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.
K.
The Department and other duly employees of the Town bearing proper credentials and identification shall inspect the premises of any consumer for leakage or other wastes of metered water upon the request of the consumer. Such a request may be required in writing by the Town. The Town shall not be held liable for any condition that may prevail or exist that is discovered by inspection of the Town.
If the Department 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 regulation, 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 regulation or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Department may seek issuance of a search warrant from the Ayer District Court.