The city shall investigate instances of noncompliance with the industrial pretreatment standards and requirements. The city shall, as necessary, sample and analyze the wastewater discharges of contributing industrial users and conduct surveillance and inspection activities to identify, independently of information supplied by such industrial 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. 
All industrial users discharging to the city's Lebanon Treatment Works shall allow unrestricted access by city, state and EPA personnel for the purpose of determining whether the industrial user is complying with all requirements of this chapter and any industrial discharge permit or order issued hereunder. Industrial users shall allow 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.
B. 
Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director of Public Works will be permitted to enter without delay for the purposes of performing specific responsibilities.
C. 
The Director of Public Works shall have the right to set up on the industrial user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the industrial user's operations.
D. 
The Director of Public Works may require the industrial 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 industrial user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy.
E. 
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 industrial user at the written or verbal request of the Director of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
F. 
Unreasonable delays in allowing the Director of Public Works access to the industrial user's premises shall be a violation of this chapter.
G. 
The Director of Public Works or other duly authorized employee(s) is authorized to obtain information concerning industrial processes which 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 if it can establish that revelation to the public might result in an advantage to competitors. 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 industrial user. However, information regarding wastewater discharge by the industrial user (flow, constituents, concentrations and characteristics) shall be available to the public without restriction.
H. 
While performing the necessary work on private properties referred to in this section, the Director of Public Works or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the industrial user. The industrial user shall be held harmless for injury or death to the city employees, and the city shall indemnify the industrial user against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the industrial user and growing out of the monitoring activities, except as such may be caused by negligence or failure of the industrial user to maintain safe conditions.
If 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 city 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 of Public Works may seek issuance of a search warrant pursuant to RSA Ch. 595-B (Administrative Inspection Warrants).
Information and data on an industrial user obtained from reports, surveys, industrial discharge permit applications, industrial discharge permits and monitoring programs, and from the Director of Public Works' inspection and sampling activities, shall be available to the public without restriction, unless the industrial user specifically requests, and is able to demonstrate to the satisfaction of 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 state law, including but not limited to RSA 91-A:5 (exemptions under the right-to-know law). Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the industrial user 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 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 city shall comply with the public participation requirements of 40 CFR Part 25 in the enforcement of industrial pretreatment standards and requirements.