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June 18, 2007 (Regular Meeting) <br />Page 464 <br />of access may also occur if a user fails to provide without delay such <br />facilities, equipment or devices as are reasonably necessary to permit <br />authorized representatives of WSACC approval authority and EPA to <br />perform their duties in a safe manner. Onreasonable delays may constitute <br />denial of access. The E3eeeet've B'~eeter e~ aethe~' ~ A WSACC <br />representative may enter upon the property at any hour under emergency <br />circumstances. <br />(c) The time of access to a user's premises will be reasonable if, at the <br />time ready access is requested the user's facility at the premises is in <br />operation or wastewater is being discharged from the user's premises into ' <br />the POTW. At such time as the user's facilities at the premises is in <br />operation or wastewater is being discharged from the user's premises into <br />the POTW, the user shall have at least one person present at the premises <br />who is readily available and is authorized to permit immediate access to <br />the user's premises to WSACC the Ap royal Authority and the EPA <br />(d) At all times WSACC shall retain the authority to inspect the user and to <br />sample and analyze the discharge of wastewater into the POTW for any <br />purpose. <br />6.3 Search Warrants <br />If the Executive Director, £~-a-te Approval Authority, or EPA has been refused <br />access to a building, structure, or property, or any part thereof, and is able <br />to demonstrate probable cause to believe that there may be a violation of this <br />ordinance, or that there is a need to inspect and/or sample as part of a <br />routine inspection and sampling program of WSACC designed to verify compliance <br />with this ordinance or any permit or order issued hereunder, or to protect the <br />overall public health, safety and welfare of the community, then the Executive <br />Director, £~ahe Approval Authority, or EPA may seek issuance of a search <br />warrant from the Superior Court of Cabarrus County. <br />SECTION 7 - CONFIDENTIAL INFORMATION ' <br />(a) To the extent permitted by applicable law and except as otherwise <br />provided herein, information and data on a user obtained from reports, <br />questionnaires, permit applications, permits and monitoring programs and <br />from inspections shall be available to the public or other governmental <br />agencies}+ without restriction unless the user specifically requests and <br />is able to demonstrate to the satisfaction of the Executive Director that <br />the release of such information would divulge information, processes or <br />methods of production entitled to protection as trade secrets of the <br />user. Any such request must be asserted at the time of submission of the <br />information or data. <br />(b) To the extent permitted by applicable law when requested by the person <br />furnishing a report, the portions of a report which might disclose trade <br />secrets processes shall not be made available for inspection by the <br />public but shall be made available upon written request to governmental <br />agencies for uses related to this ordinance, NPDES permit, State Disposal <br />System permit and/or the Pretreatment Programs; provided, however, that <br />such portions of a report shall be available for use by the State or any <br />state agency in judicial review or enforcement proceedings involving the <br />person furnishing the report. Wastewater constituents and <br />characteristics will not be recognized as confidential information. <br />(c) All records relating to compliance with Pretreatment standards shall be ' <br />made available to officials of the Approval Authority and EPA upon <br />request. <br />SECTION 8 - <br />8.1 Administrative Remedies <br />(a) Notification pf Violation <br />