(A) Bylaws and regulations of the Board of Public Works. The Board may adopt and enforce such reasonable regulations not in conflict herewith as it may be deemed necessary for the safe, economical and efficient management of the POTW and for the construction and use of building or house connection sewers and connections to the POTW, which regulations may limit, or prohibit the introduction of, or infiltration by, storm water, surface water, and groundwater into the POTW.
(B) Administrative orders. The Board or its designated representative may issue to any person, orders necessary to achieve and maintain compliance with the requirements and provisions of this chapter or a permit issued by the Board.
(C) Enforcement response plan. The Board shall adopt an enforcement response plan to be used when responding to incidents of user noncompliance with the provisions of this chapter.
(D) Fines and penalties. The control authority and the Director shall have the authority to assess fines and penalties as stated in this chapter and enforcement response plan.
(E) Confidential information.
(1) Information and data on a user obtained from reports, questionnaires, permit applications, permits, 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 Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets or confidential information pursuant to federal or state law.
(2) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or confidential information 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 NPDES permit, state disposal system permit 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 person furnishing the report. Wastewater quantities and wastewater constituents and characteristics will not be recognized as confidential information.
(3) Notwithstanding anything in the division immediately above, information accepted, in writing, by the Director as confidential, shall not be transmitted to any governmental agency except EPA or to the general public by the Director without user's written permission (327 IAC 12.1).
(4) The EPA shall have immediate and unlimited access to all information compiled as part of the pretreatment program, including confidential documents.
(F) Access to premises and right to inspect. Authorized representatives of the wastewater utility shall have the right to enter upon the premises of the user at all reasonable times.
(G) Tampering with or damaging utility property. No person shall maliciously, willfully or recklessly, break, damage, destroy, uncover, deface, tamper or modify any structure, appurtenance or equipment which is a part of or owned by the utility.
(Ord. 5746, passed 7-1-2019)