The Director of the Wastewater Department, or his designee, shall have the right as provided by Ohio R.C. 729.50, to enter upon the system user's property at reasonable times during normal working hours, or at other times if there is reason to believe that a noncomplying discharge is occurring, for the purpose of inspecting, observing, measuring pretreatment facility operation, collecting samples and/or testing the discharge from the property and to make independent assessments of the dischargers compliance with these Rules and Regulations. Further, the Director, or his designee, shall be provided access to all reports or records pertaining to the operation of any pretreatment facility and the quality of the discharge from such facility.
(a) In the event that an industrial discharger does not comply with the particulars of the IWPT program the Director shall certify same to the City Manager who shall have the right to terminate water and sewer service to the offending discharger until compliance is effected, to seek the imposition of civil or monetary penalties for the redress of damages, to seek injunctive relief through the Clermont County Court of Common Pleas or any other action that may be deemed appropriate by the City Law Director, including all of the above.
(b) Compliance information and data furnished to the Director with respect to the general nature of a specific discharge shall be available to the public or other government agencies without restrictions unless the discharger requests and is able to demonstrate that the release of such information, processes or methods of production would divulge information entitled to protection as trade secrets or proprietary information of the discharger. Wastewater constituents or characteristics shall not be recognized as confidential information according to Federal regulation 40 CFR, 403.14.
(c) When specifically requested by a discharger furnishing a report, the portions of that report which may disclose trade secrets or protected practices, shall not be made available to the public but shall be made available upon written request to governmental agencies for uses relating to these Rules and Regulations, to requirements of the NPDES permit or the IWPT program and shall be available for use by any State agency in judicial review or enforcement proceedings involving the discharger furnishing such report.
(d) Each industrial discharger, as well as the Director, shall keep and maintain records of all information collected which relates to discharges into the public sanitary sewer system in accordance with Federal regulation 40 CFR, 403.12 "N". Such records shall be kept for a minimum of three years and shall be kept longer if the information contained in such records is considered pertinent to the resolution of any litigation, in progress or pending. Such records shall be made available for review or copying by the U.S. E.P.A., OEPA, the City Manager, City Law Director or any of their authorized representatives. The Director shall not be required to inform any discharger of the release of records for litigation.
(Ord. 90-1343. Passed 11-6-90.)