Access to facilities; inspection.

A. Representatives of the Town of Webster or its contractor or agent, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, records examination and copying, observation, measurements, sampling, and testing pertinent to discharge or potential to discharge, and for repair and maintenance to the municipal separate storm sewer system.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]B. Information and data on a nondomestic source obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction, unless the nondomestic source specifically requests and is able to demonstrate to the satisfaction of the Town of Webster that the release of such information would divulge information, processes or methods of production entitled to protection as confidential information according to the criteria set forth in 40 CFR 2.208 and 2.302, as may be amended from time to time.(1) When requested by the person furnishing a report, the portions of a report which might disclose confidential information shall not be made available for inspection by the public.

Stormwater constituents and characteristics will not be recognized as confidential information.(2) Information accepted by the Town of Webster as confidential shall be made available upon request to any agency meeting the requirements of Section 308 of the Clean Water Act, including officers, employees or authorized representatives of the United States concerned with carrying out the Clean Water Act, bound by the confidentiality rules in 40 CFR Part 2, as may be amended from time to time.C. While performing the necessary work on private properties referred to in § 285-7A , the Town of Webster shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the authorized representative(s), and the Town of Webster shall indemnify the company against loss or damage to its property by the Town of Webster's employees and against liability claims and demands for personal injury or property damage asserted against the company by the Town of Webster's employees and growing out of the inspection and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.D.

Unreasonable delays in allowing the Town of Webster access to the premises or other interference with the activities of the Town of Webster's Sewer Department shall be a violation of this article. Access to property and/or records of a nondomestic source may not be refused on the basis that the Town of Webster refuses to sign any waiver, access agreement, or similar document.E. If the Town of Webster's Sewer Department has been refused access to a building, structure or property or any part thereof, and if the Town of Webster's Sewer Department has demonstrated probable cause to believe that there may be a violation of this article or that there is a need to inspect as part of a routine inspection program of the Town of Webster 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 Town of Webster's Sewer Department will make an application to a court of competent jurisdiction for a search and/or seizure warrant describing therein the specific location subject to the warrant.

The warrant application shall specify what, if anything, may be searched and/or seized on the property described. If granted by the court, such warrant shall be served at reasonable hours by the Town of Webster's Sewer Department in the company of an uniformed officer of the law enforcement agency with jurisdiction over the property. In the event of an emergency affecting public health and safety, inspections may be made without the issuance of a warrant.