The Director, Compliance Manager, and/or designee shall have the right to enter the premises of any discharger to determine whether the discharger is complying with all requirements of this chapter and any WDP or order issued hereunder. Dischargers shall allow the Director, Compliance Manager, and/or designee ready access to all parts of the premises for purposes of inspection, sampling, records examination, copying, and performance of any additional duties.
A. 
The Director, Compliance Manager, and/or designee shall have the right to set up on the discharger's property, or require installation of, necessary devices to conduct sampling and/or metering of the discharger's operations.
B. 
The Director, Compliance Manager, and/or designee may require the discharger 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 discharger at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure accuracy.
C. 
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 discharger at the written or verbal request of the Director or designee and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
D. 
All wastewater samples must be representative of the discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and in good working order at all times. The failure of a discharger to keep the monitoring facility in good working order shall not be grounds for the discharger to claim that sample results are unrepresentative of its discharge.
E. 
If a discharger subject to the reporting requirement in this chapter monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in this chapter, the results of this monitoring shall be included in the report.
F. 
Unreasonable delays in allowing the Director, Compliance Manager, and/or designee access to the discharger's premises shall be a violation of this chapter.
All sewers shall have an inspection and sampling manhole or structure, with a minimum opening of twenty-four-inch-diameter and an internal diameter of no less than 36 inches. All structures and equipment shall conform to specifications prepared by the Director. City employees shall have unrestricted access and use to monitoring points and equipment therein.
While performing the necessary work on private properties, the Director, Compliance Manager, and/or designee shall use due care, and shall observe those safety rules established by the discharger. The discharger shall be held harmless from claims of injury or death to the City employees which may thereafter occur, except as such may be caused by the negligence or failure of the discharger, or which arise from a failure to maintain safe conditions.
A. 
Information and data furnished to the City shall be available to the public or other governmental agencies without restriction, unless the discharger 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 or proprietary information of the discharger.
B. 
When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the Maine Pollutant Discharge Elimination System (MEPDES) permit, the state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the City as confidential shall not be transmitted to any other entity or person by the City until and unless a ten-day notification is given to the discharger.
Any discharger shall have the right to request, in writing, an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is submitted by a discharger and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceeding pending receipt of the aforesaid written reply.