[Ord. of 5-5-2008]
(a) 
The City shall investigate instances of noncompliance with the industrial pretreatment standards and requirements.
(b) 
The City 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.
[Ord. of 5-5-2008]
All industrial users discharging to the City's POTW shall allow unrestricted access by City, state and EPA personnel ["inspector(s)"] for the purpose of determining whether the user is complying with all requirements of this Part 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 Part.
(f) 
The inspector(s) is(are) 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 VIII of this Part. The information in question shall be made available upon written request to governmental agencies for uses related to this Part, 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 inspections on private properties referred to in this article, the inspector(s) shall observe all reasonable safety rules applicable to the premises established by the user. The City shall indemnify and hold the user harmless for injury or death to the inspector(s), other than injury or death arising from the user's negligence. To the extent of the City's potential liability under provisions of the Maine Tort Claims Act,[1] the City shall indemnify the user against loss of or damage to the user's property caused by the negligent acts of City inspector(s) or employees performing or assisting in the inspection, and against liability claims and demands for personal injury or property damage asserted against the user and arising out of the City's inspection or monitoring activities, other than claims and demands arising from the user's negligence.
Except as expressly stated herein, nothing in this Part shall be deemed to waive or modify any immunity from suit or judgment, including limitations on damages, now enjoyed by the City or any of the City's officials, agents, employees and inspectors under the Maine Tort Claims Act, 14 M.R.S.A. § 8101 or other provisions of law.
[1]
Editor's Note: See 14 M.R.S.A. § 8101 et seq.
(h) 
The inspector(s) shall be permitted to enter all private properties through which the City 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.
[Ord. of 5-5-2008]
If the Superintendent 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 Part, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Part or with any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Superintendent may seek issuance of a search warrant from the District Court pursuant to Rule 80E, Maine Rules of Civil Procedure.