The text
Sec. 21-286. - Right of entry; inspection and sampling.#
The town manager shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the town manager ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (1)
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards to that, upon presentation of suitable identification, the town manager will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2)
The town manager shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3)
The town manager may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated in accordance with manufacturer's written instructions, to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the town manager and shall not be replaced. The costs of clearing such access shall be born by the user.
(5)
Unreasonable delays in allowing the town manager access to the user's premises shall be a violation of this article.
(Ord. of 1-14-97, § 7.1)
Sec. 21-287. - Search warrants.#
If the town manager 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 article, 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 article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the town manager may seek issuance of a search warrant from the district or superior court of the town.
(Ord. of 1-14-97, § 7.2)
Sec. 21-288. - Publication of users in significant noncompliance.#
The town manager shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (1)
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1);
(2)
Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1);
(3)
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) including daily maximum, long-term average, instantaneous limits or narrative standard, as defined by 40 CFR 403.3(1) or any other the town manager believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel of the general public;
(4)
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the town manager's exercise of its emergency authority under paragraph [40 CFR 403.8](f)(1)(vi)(B) to halt or prevent such a discharge;
(6)
Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violations or group of violations, which may include a violation of best management practices which the town manager determines, will adversely affect the operation or implementation of the local pretreatment program.
(Ord. of 1-14-97, § 9.1; Ord. No. O-2, 11-10-2008)