AG 1995 04 17 - Laserfiche WebLink

Home Browse Search

Section 10-6.2 Inspection and Sampling. The Authority will inspect the facilities of any user to ascertain whether the purpose of this Article is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Authority, 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. The Authority, State and Environmental Protection Agency shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. 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 Authority, State and Environmental Protection Agency will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the access to the user's premises shall be a violation of this Article. Unreasonable delays may constitute denial of access. The Executive Director or authorized representative may enter upon the property at any hour under emergency circumstances. Section 10-6.3 Search Warrants. If the Executive Director, State, 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 Article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Authority 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 Executive Director, State, or EPA may seek issuance of a search warrant from the Superior Court of Cabarrus County. Section 10-7 Confidential Information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs 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 Executive Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data. When requested by the person furnishing a report, the portions of a report which might disclose trade secrets 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 Article, NPDES permit, State Disposal System permit and/or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the State involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. All records relating to compliance with Pretreatment Standards shall be made available to officials of the approval authority and EPA upon request. Section 10-8 Enforcement. Section 10-8.1 Administrative Remedies. Notification of Violation. Whenever the Executive Director or his designee finds that any industrial user has violated or is violating this Article, wastewater permit, or any prohibition, limitation or requirement contained therein or any other pretreatment requirement, he may serve upon such person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the Authority by the user. Submission of this plan does not relieve the discharger of liability 61