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1993-01-01
CITY-OF-BATESVILLE
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1993-01-01
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Page 31 <br /> 7.2 Search Warrants <br /> If the Manager has been refused access to a building, structure <br /> or property or any part thereof, or if the Manager has demonstrated <br /> probable cause to believe that there is a violation of this ordinance <br /> or that there is a need to inspect as part of a routine inspection <br /> program of Batesville Utilities Commission designed to verify <br /> compliance with this ordinance or any permit or order issued hereunder, <br /> or to protect the overall public health, safety and welfare of the <br /> community, then upon application by the manager upon proper cause <br /> shown, the Municipal Court of The City of Batesville shall issue a <br /> search or seizure warrant describing therein the specific location <br /> subject to the warrant. The warrant shall specify what, if anything, <br /> may be searched or seized on the property described. Such warrant <br /> shall be served at reasonable hours by the Manager in the company of a <br /> uniformed police officer of The City of Batesville. In the event of an <br /> emergency affecting public health and safety, inspections shall be made <br /> without the issuance of a warrant. <br /> SECTION 8 - CONFIDENTIAL INFORMATION <br /> Information and data on an industrial user obtained from <br /> reports, surveys, wastewater discharge permit applications, wastewater <br /> discharge permits, and monitoring programs, and from Batesville <br /> Utilities Commission inspection and sampling activities, shall be <br /> available to the public without restriction, unless the industrial user <br /> specifically requests, and is able to demonstrate that the release of <br /> such information would divulge information, processes or methods of <br /> production entitled to protection as trade secrets under applicable <br /> law. When requested and demonstrated by the industrial user furnishing <br /> a report that such information should be held confidential, the <br /> portions of a report which might disclose trade secrets or secret <br /> processes shall not be made available for inspection by the public, but <br /> shall be made available immediately upon request to governmental <br /> agencies for uses related to the NPDES program or pretreatment program, <br /> and in enforcement proceedings involving the person furnishing the <br /> report. Wastewater constituents and characteristics and other <br /> "effluent data" as defined by 40 CFR 2 . 302 will not be recognized as <br /> confidential information and will be available to the public without <br /> restriction. <br /> SECTION 9 - PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT <br /> NONCOMPLIANCE <br /> Batesville Utilities Commission shall publish annually, in the <br /> largest daily newspaper published in the municipality where the POTW is <br /> located, a list of the industrial users which, during the previous 12 <br /> months, were in significant noncompliance with applicable pretreatment <br /> standards and requirements. The term significant noncompliance shall <br /> ( mean: <br />
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