13.16.110 Inspection and sampling--Entrance to properties--Confidential information of user.

The director of public utilities and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for purposes of inspection, observation, measurement, sampling and testing in accordance with provisions of this chapter. The director of public utilities or his or her representatives shall have no authority to inquire into any process including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that information pertinent to the kind and source of discharge to the public sewers and waterways or facilities for wastes treatment. The city may inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city ready access at all reasonable times to all parts of the premises for purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, KDHE and EPA shall have the right to install 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 security guards so personnel with proper identification and clearance may have entry to the premises. All costs associated with this section shall be borne by the user. Data obtained from a user in the form of reports, questionnaires, permit application, permits, or monitoring programs and 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 director of public utilities that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested to withhold portions of a report which might disclose trade secrets the director of public utilities shall comply with such request. If the data requested as confidential is necessary for compliance with the national pollutant discharge elimination system permit, or the pretreatment program requirements, the data shall be provided to the appropriate public agency making a written request and such data shall be stamped as confidential. However, wastewater constituents and characteristics will not be recognized as confidential information. Data accepted by the director of public utilities as confidential, shall not be transmitted to any government agency by the city until and unless a ten-day notification is given to the user. (Prior code § 9-311)