1045.14 COMPLIANCE MONITORING.
(a) Right of Entry: Inspection and Sampling
(1) The POTW shall have the right to enter the facilities of any user to ascertain whether the purposes of this chapter, and any permit or order issued hereunder, are being met and whether the industrial user is complying with all requirements thereof, Industrial users shall allow the Enforcing Officer or his or her representatives 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) 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, personnel from the POTW, the State, and the EPA will be permitted to enter without delay, for the purpose of performing their specific responsibilities.
(3) The POTW, the State, and the EPA shall have the right to set up on the industrial user’s property, or require the installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations. The POTW shall also have the right to conduct off-premises sampling and/or metering of the industrial user’s operations with the option of splitting samples with the industrial user.
(4) The POTW 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 periodically to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Enforcing Officer and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
(6) Unreasonable delays in allowing the POTW’s personnel access to the industrial user’s premises shall be a violation of this chapter.
(b) Search and/or Seizure Warrants. If the Enforcing Officer has been refused access to a building, structure or property, or any part thereof, and if the Enforcing Officer has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the POTW 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, upon application by the POTW’s Attorney, the District Justice having proper jurisdiction shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Enforcing Officer in the company of a uniformed police officer of the Municipality. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (Ord. 775. Passed 7-15-98.)
1045.15 CONFIDENTIAL INFORMATION.
Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from 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 POTW, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. 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 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. (Ord. 775. Passed 7-15-98.)
1045.16 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE.
The POTW shall publish annually, in a daily newspaper published in the municipality where the POTW is located, a list of the industrial users who, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term “significant noncompliance” shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(b) A technical review criteria (TRC) violation, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants, except pH);
(c) Any other discharge violation that the POTW believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(d) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within ninety days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within thirty days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; and
(h) Any other violations which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 775. Passed 7-15-98.)
1045.17 NOTIFICATION OF VIOLATION; REMEDIES.
Whenever the Enforcing Officer finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirements, the Enforcing Officer or his or her agent may serve upon said user a written notice of violation. Within thirty days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Enforcing Officer. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the POTW to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 775. Passed 7-15-98.)
The Enforcing Officer is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the sane force and effect as the administrative orders issued pursuant to Sections 1045.20 and 1045.21 and shall be judicially enforceable. Consent orders, including milestone dates, may be incorporated as a part of the terms and conditions of’ the industrial user’s wastewater discharge permit. (Ord. 775. Passed 7-15-98.)