(a) Right of Entry; Cooperation With. All agents of the sewage works of the city and of the state and/or EPA, bearing proper credentials and identification, shall be permitted to enter all properties, including that of all industrial users, for the purposes of inspection, observation, measurement, sampling, and testing. All industrial users shall cooperate with such agents and officials as may be necessary to enforce the compliance of all federal and state laws.
(b) Right of Entry Onto Easements. The superintendent and other duly authorized employees or consultants of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement and/or; a contractual agreement for entry for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage facilities lying within such easement, All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement and/or contractual agreement for entry pertaining to the private property involved.
(c) Obtaining Information. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the sewage collection system. The industry may withhold information proven to be confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. The city shall be empowered to seek judicial determination as to any claims of confidentiality.
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests in writing and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, 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 to all governmental agencies for uses related to this division, the NPDES/KPDES permit, sludge disposal system permit and/or the pretreatment program upon the request of the agency. 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 person furnishing the report. Wastewater constituents and characteristics shall not be recognized as confidential information and shall be available to the public without restriction.
(d) Observing Safety Rules; Liability of Company; indemnification of Company. While performing the necessary work on private properties referred to in subsection (a), the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company; and the company shall be held harmless for injury or death to the city employees, except as such may be caused by negligence or failure of the company to maintain safe conditions; and the city shall indemnify the company 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 company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.
(e) Access on Premises. The city shall inspect the facilities of any user to ascertain whether the purpose of this division is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or their representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of their duties. The city, approval authority, where the NPDES state is the approval authority, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, the approval authority and EPA will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
(f) Random Sampling and Demand Monitoring. The superintendent shall conduct random sampling and demand monitoring of effluent from industrial users in accordance with a schedule established by the superintendent; however, in no event shall the monitoring be performed at intervals of greater than one (1) year.
(g) Custody, Record of Samples. All samples taken by or on behalf of the city shall be placed in the custody of the superintendent of wastewater plant. The samples shall not be removed from his custody and control, unless the person so removing shall sign a control docket or sampling record, which reflects the date and time of removal, the name of the person to whom custody is being transferred, and the title and authority of such persons; the sampling record shall be maintained in accordance with Table 5.1, which is hereby incorporated by reference.
(h) Notification of Significant Noncompliance. The superintendent of the city's publicly owned treatment works shall annually provide public notification of the industrial users who have been found to be in significant noncompliance with applicable pretreatment standards during the previous twelve (12)-month period. The city engineer or city manager shall then cause a public notice of such violators to be published annually in the local daily newspaper of largest general circulation that provides meaningful public notice within the jurisdictions served by the POTW. The public notice shall include a list of significant users which were in significant noncompliance with any pretreatment requirements or standards. The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve (12) months. For the purposes of this provision, a significant noncompliance is defined in section 18-52. [The violator] shall be notified under procedures outlined in the enforcement response plan. The costs to the city resulting from such publication shall be borne on a proportional basis by the significant industrial users published.
(i) Inspection Records. All pretreatment records shall be made available upon request and may be copied if necessary by any inspector covered under this section.
(j) Interjurisdictional Agreements. The superintendent is authorized to pursue the negotiation of an interjurisdictional agreement where required for full enforcement of this division. Any agreement will be subject to final approval by the city.
(k) Notification of Violations and Repeat Sampling Analysis. If sampling performed by an industrial user indicates a violation of this division, the industrial user shall notify the POTW within twenty-four (24) hours. The industrial user shall repeat the sampling and analysis and submit the results to the POTW within thirty (30) days after becoming aware of the violation; however, the repeat sampling and analysis and submission by the industrial user may be waived if and only if the POTW performs its own sampling within the same time period for the same pollutant in question.
(Ord. No. 1277, Art. X, 7-8-80; Ord. No. 1331, § XIV, 7- 10-84; Ord. No. 1420, § 1, 11-28-89; Ord. No. 1450, § 7, 8-27-91; Ord. No. 1803, § 4, 2-27-12)
Editor's Note - Section 7 of Ord. No. 1450 amended subsection (h) and added subsections (i) and (j), thus implicitly redesignating existing subsection (i) as (k).