(A) Bylaws and regulations of the Control Authority. The Control Authority 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 WWTP.
(B) Administrative orders. The Control Authority or its designated representative may issue orders necessary to any FSE to achieve and maintain compliance with the requirements and provisions of this chapter.
(C) Enforcement response plan. The enforcement response plan adopted by the Control Authority shall be used when responding to incidents of FSE noncompliance with the provisions of this chapter.
(D) Fines and penalties. The Control Authority shall have the authority to assess fines and penalties as stated in this chapter and Enforcement Response Plan’s Penalty Matrix.
(E) Confidential information.
(1) Information and data on an FSE obtained from reports, questionnaires, applications, monitoring programs and inspections shall be available to the public or other governmental agency without restriction unless the FSE 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. Wastewater quantities and wastewater constituents and characteristics will not be recognized as confidential information.
(2) The portions of a report which disclose trade secrets or confidential information shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit or the pretreatment program. 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.
(3) Notwithstanding anything in division (E)(2) 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 I.A.C. 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 town shall have the right to enter upon the premises of an FSE at all reasonable times.
(Ord. 1997-T-04, passed 11-11-1997)