1043.08   POWERS AND AUTHORITY OF INSPECTORS.
   (a)   The Authority, bearing proper credentials and identification, shall be permitted to enter all properties for purposes including, but not limited to, inspection, observation, measurement, sampling, testing, repair and maintenance of any portion of the sewage works lying within such property.
      (1)   All entry and subsequent work, if any, on such property, shall be done in full accordance with the terms of the owner, as agreed to by the Authority.
      (2)   When entry is refused on sewer-only accounts, the sewer may immediately be turned off and not turned on again until the request of the Department has been complied with and an Off & On (Deny Right to Inspect) charge of fifty dollars ($50.00) has been paid.
   (b)   While performing the necessary work on private properties, the Authority shall observe all safety rules applicable to the premises established by the owner and the Authority.
   (c)   The Authority, bearing proper credentials and identification, shall present them to the owner, agent or present occupant of properties within the Authority before entering for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions contained herein.
      (1)   The Authority shall also obtain and present a proper search warrant if the owner, agent or present occupant requests one.
      (2)   A request by the owner, agent or present occupant that the Authority obtain a search warrant is an exercisable right of the requesting party and shall not constitute failure to cooperate, nor shall it constitute a failure to comply with the provisions of this section.
      (3)   The Authority shall have no right to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond the point of having a direct bearing on the kind and source of discharge into the sewers or waterways to facilities for waste treatment.
   (d)   Information furnished to the Authority with respect to the nature and frequency of discharge shall be available to the public or other governmental agencies, unless the discharger specifically requests and demonstrates, to the satisfaction of the Authority, that the release of such information would divulge information, processes, or production information.
      (1)   When requested by the discharger, the portions of a report which may disclose trade secrets or secret processes shall not be made available to the public but shall be made available, upon written request, to governmental agencies for uses relating to these regulations, the NPDES permit, a State disposal system permit and/or 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 discharger furnishing the report.
      (2)   Waste constituents and characteristics will not be recognized as confidential information.
      (3)   Information accepted by the Authority as confidential shall not be transmitted to any governmental agency by the Authority until and unless a ten-day notification is given to the discharger.
(Ord. 95-16. Passed 9-18-95; Ord. 13-07. Passed 2-19-13; Ord. 2022-18. Passed 5-16-22.)