Under 40 CFR 403.8(A)(6)(v), pretreatment shall have the right to carry out all inspections,
surveillance and monitoring procedures necessary to determine, independent of information
supplied by industrial users, compliance or noncompliance with applicable pretreatment
standards and requirements by industrial users. Representatives of the POTW shall
be authorized to enter any premises of any industrial user in which a discharge source
or treatment system is located or in which records are required to be kept under Section
403.12(o) to assure compliance with pretreatment standards. Such authority shall be
at least as extensive as the authority provided under Section 308 of the Act;
Pretreatment requirements which will be enforced through the remedies set forth in
paragraph 40 CFR 403.8(f)(1)(vi)(A) of this section, will include but not be limited
to, the duty to allow or carry out inspections, entry, or monitoring activities; any
rules, regulations, or orders issued by the POTW; any requirements set forth in control
mechanisms issued by the POTW; or any reporting requirements imposed by the POTW or
these regulations in this part. The POTW shall have authority and procedures (after
informal notice to the discharger) immediately and effectively to halt or prevent
any discharge of pollutants to the POTW which reasonably appears to present an imminent
endangerment to the health or welfare of persons. The POTW shall also have authority
and procedures (which shall include notice to the affected industrial users and an
opportunity to respond) to halt or prevent any discharge to the POTW which presents
or may present an endangerment to the environment or which threatens to interfere
with the operation of the POTW.
(Ord. BL2010-678 § 2, 2010)
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