Title 13 PUBLIC SERVICES
Chapter 13.16 SEWER SERVICE SYSTEM
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)
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