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§ 53.42 TIMING.
   (A)   Written reports will be deemed to have been submitted on the date postmarked.
   (B)   For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. – § 5.12, passed 9-26-2005)
§ 53.43 RECORD KEEPING.
   (A)   (1)   Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of the requirements.
      (2)   Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of the analyses.
   (B)   (1)   These records shall remain available for a period of at least 3 years.
      (2)   This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the POTW Director.
(Ord. – § 5.13, passed 9-26-2005)
COMPLIANCE MONITORING AND OTHER SPECIFIC PROVISIONS
§ 53.55 MONITORING FACILITIES.
   (A)   The town requires the user to provide and operate at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems.
   (B)   The monitoring facility should normally be situated on the user's premises, but the town may, when a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
   (C)   There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis.
   (D)   The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
   (E)   Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the requirements of the town and all applicable local construction standards and specifications.
   (F)   Construction shall be completed within 90 days following written notification by the town.
(Ord. – § 6.1, passed 9-26-2005)
§ 53.56 INSPECTION AND SAMPLING.
   (A)   The town will inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with.
   (B)   Persons or occupants of premises where wastewater is created or discharged shall allow the town, approval authority and EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties.
   (C)   The town, approval authority and EPA shall have the right to set up on the user's property the devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
   (D)   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 town, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
   (E)   Denial of the POTW Director's approval authority's or EPA's access to the user's premises shall be a violation of this chapter. Unreasonable delays may constitute denial of access.
(Ord. – § 6.2, passed 9-26-2005) Penalty, see § 53.99
§ 53.57 SEARCH WARRANTS.
   If the POTW Director, approval authority or EPA 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 town 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 POTW Director, approval authority or EPA may seek issuance of a search warrant from the court having jurisdiction within the town.
(Ord. – § 6.3, passed 9-26-2005)
§ 53.58 CONFIDENTIAL INFORMATION.
   (A)   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 and is able to demonstrate to the satisfaction of the POTW Director that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
   (B)   Any like request must be asserted at the time of submission of the information or data.
   (C)   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 upon written request to governmental agencies for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, non-discharge permit and/or the pretreatment programs; provided, however, that those 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.
   (D)   Wastewater constituents and characteristics will not be recognized as confidential information.
   (E)   All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority and EPA upon request.
(Ord. – § 7, passed 9-26-2005)
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