[Ord. No. 2020-04, 10/1/2020]
1. In General. The Township and the Director of Public Works shall have
the right to enter any part of any property connected to the sewerage
system or the POTW to determine whether a user or other person owning,
operating, or using the property is complying with all requirements
of this chapter and any wastewater discharge permit or order issued
under this chapter. Users and other persons shall allow the Township
and the Director of Public Works 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.
2. Security Forces. Where a user or other person has security measures
in force which require proper identification and clearance before
entry into its premises, the user or other person shall make necessary
arrangements with its security guards so that, upon presentation of
suitable identification, the Township's employees or agents or the
Director of Public Works will be permitted to enter without delay
for the purposes of performing specific responsibilities.
3. Monitoring Equipment. The Township and the Director of Public Works
shall have the right to set up on the user's or other person's property,
or require the user or other person to install, such monitoring equipment
as necessary to conduct sampling and/or metering of the user's or
other person's operations. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the user or other person at his own expense. All devices
used to measure wastewater flow and quality shall be calibrated at
least annually to ensure their accuracy.
4. Obstructions to Access. Any temporary or permanent obstruction to
safe and easy access to the facility to be inspected and/or sampled
under this section shall be promptly removed by the user or other
person at the written or verbal request of the Township or the Director
of Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the user or other person.
5. Delays. Unreasonable delays in allowing access required under this
section shall be a violation of this chapter.
[Ord. No. 2020-04, 10/1/2020]
If the Township or the Director of Public Works 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 Township or the City designed to verify compliance with this
chapter or any permit or order issued under this chapter, or to protect
the overall public health, safety, and welfare of this community,
then the Township or the Director of Public Works may seek issuance
of a search warrant from the appropriate issuing authority.
[Ord. No. 2020-04, 10/1/2020]
Information and data on a user or other person obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits, and monitoring programs, and from inspection and
sampling activities conducted under this chapter, shall be available
to the public without restriction, unless the user or other person
specifically requests confidentiality, and is able to demonstrate
to the satisfaction of the Township and the Director of Public Works
that the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under
applicable law. Any such request must be asserted at the time the
information or data is submitted. When requested and demonstrated
by the user or other person furnishing a report that such information
should be held confidential, the portions of a report which 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 furnishing 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.