All users subject to <cite data-path="|25">this article</cite> shall retain and preserve for not less than 3 years any records, books, documents, memoranda, reports, and correspondence and any and all summaries thereof, relating to monitoring, sampling, and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative action or any other enforcement or litigation activities undertaken by the City shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. City Code, 1976/83, art. 25, §6(c) Ord. 84-129 Ord. 91-775

Information and data concerning a person obtained from reports, questionnaires, and inspections shall be available to the public without restriction unless the person specifically requests and is able to demonstrate to the satisfaction of the Director of Public Works that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of that person. When requested by the person furnishing a report, and until the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to state and federal government agencies, upon their written request, for uses related to <cite data-path="|25">this article</cite>, including judicial review or enforcement proceedings. All such portions of a report shall be immediately available for use by the City in judicial review or enforcement proceedings involving the person furnishing the report without the submittal of a written request. In no case shall wastewater constituents and characteristics be recognized as confidential information. City Code, 1976/83, art. 25, §7(g) Ord. 84-129 Ord. 91-775

No provision contained in <cite data-path="|25">this article</cite> shall be deemed to prevent any special agreement or arrangement between the City and any person whereby wastewater of unusual strength or characteristic may be accepted by the City for treatment, provided that the agreement or arrangement will not violate or cause the City and/or the user to violate federal or state pretreatment requirements or standards or to violate discharge standards and which will not be harmful to the system. Under no circumstances shall federal or state pretreatment standards or requirements be waived. City Code, 1976/83, art. 25, §7(h) Ord. 84-129 Ord. 91-775

The Director of Public Works shall have the following duties: To hold at least 1 public hearing before the execution of any contract which permits an establishment to discharge industrial wastes into a sanitary or storm sewer. At least 15 days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation, and on a newspaper of local community circulation if such is published. To hold an annual hearing after 15 days’ notice by publication in at least 2 newspapers of general circulation, for the purpose of reviewing the status of all existing contracts in force which permit the discharge of industrial wastes into the City’s sewers. City Code, 1976/83, art. 25, §9(a), (b) Ord. 83-1096 Ord. 91-775

Adequate identification shall be provided by the Director of Public Works for all inspectors and other authorized personnel. Those persons shall identify themselves when entering any property for inspection purposes. Inspection and sampling of every facility involved directly or indirectly with the discharge of wastewater to the City’s wastewater system may be made by the Director of Public Works and by state and federal officials. These facilities shall include but not be limited to sewers, wastewater pumping stations, pollution control plants, industrial processes, chemical, raw material, and product storage areas, record files, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the requirements of <cite data-path="|25">this article</cite>. Access to any of the above facilities or to other facilities directly or indirectly connected to the City’s wastewater system shall be given to authorized personnel of the Department of Public Works at all times. No person shall interfere with, delay, resist, or refuse entrance to an authorized department inspector attempting to inspect any wastewater generation, conveyance, or treatment facility connected directly or indirectly to the City’s wastewater system. City Code, 1976/83, art. 25, §7(i) Ord. 84-129 Ord. 91-775

Unless otherwise provided herein, any notice required to be given by the Director of Public Works under <cite data-path="|25">this article</cite> shall be in writing and served in person or by registered or certified mail, except when immediate action is required to prevent or minimize damage to life, safety, the POTW, or the environment. If served by mail, the notice shall be sent to the user’s last address known to the Director. Where the address is unknown, notice may be made upon the owner of record of the property involved. Notice shall be deemed to have been given at the time of its deposit, postage prepaid in a facility regularly serviced by the United States Postal Service. City Code, 1976/83, art. 25, §11(a)(1)(2nd - 4th sens.) Ord. 91-775

All users served by the Director with a notice, order, permit revocation, wastewater suspension, administrative penalty, or other enforcement remedy shall have the right to appeal the Director’s action, as provided in this section. In the event that any person who is legally responsible for compliance with pretreatment regulations or who is legally liable for payment of industrial sewer surcharge disagrees with, or is aggrieved by, any determination, decision, or order of any kind, which is made, rendered, issued, or given under the provisions of <cite data-path="|25">this article</cite>, such person, within 20 days after notice of any such determination, decision, or order has been given or mailed to such person, shall have the right to appeal the determination, decision, or order before the Director of Public Works or an appointed hearing officer. A person aggrieved by a final decision of the Director or hearing officer under this section may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. City Code, 1976/83, art. 25, §11(a)(8), §12 Ord. 91-775 Ord. 04-672 Ord. 19-322