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.
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.