Code of Massachusetts Regulations
360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY
Title 360 CMR 10.000 - Sewer Use
GENERAL PROVISIONS
Section 10.012 - Access to Facilities

Universal Citation: 360 CMR 10.000 MA Code of Regs 10.012

Current through Register 1531, September 27, 2024

(1) For purposes of investigating or inspecting any condition relating to the discharge or possible discharge of pollutants, and/or inspecting records relating to such discharge, authorized representatives of the Authority, the Municipality where a discharge occurs, the Executive Office of Environmental Affairs and its departments, and the EPA shall be permitted to enter any public or private property connected directly or indirectly to the Sewer and all areas of any premises owned or controlled by a permittee which the Authority believes may be used in connection with activities governed by 360 CMR 10.000, including any area where wastewater is generated or where chemicals, raw materials, or products are stored.

(2) Without limiting 360 CMR 10.012(1), Authority representatives shall have access for purposes of:

(a) inspecting, sampling, dye testing, and gauging any Sanitary Sewage and/or Wastewater conveyed through or to a Sewer;

(b) inspecting, diagramming, and/or photographing any monitoring equipment, Pretreatment equipment or systems, pipes, or any other equipment which the Authority believes may be used in connection with discharges to or through a Sewer;

(c) examining, copying, and/or photographing any records or matters pertaining to discharges to or through a Sewer or pertaining to the operation of a Pretreatment system or process line that generates Wastewater and/or Sanitary Sewage discharged to a Sewer;

(d) determining compliance with St. 1984, c. 372, St. 1987, c. 307, and 360 CMR 10.000; and/or

(e) preventing an imminent danger to the public health, safety, welfare or the environment from the discharge or threatened discharge of Wastewater and/or Sanitary Sewage to a Sewer.

(3) Upon request by an authorized representative of the Authority, every Person whose activities are governed by 360 CMR 10.000 shall make immediately available a person with knowledge and authority regarding the Person's wastewater discharges for purposes of escorting the Authority's representatives through the premises or any portion thereof.

(4) In conducting inspections or other monitoring or surveillance activities pursuant to 360 CMR 10.000 or St. 1984, c. 372 and St. 1987, c. 307, the Authority and Municipality shall be deemed to be performing a governmental function for the benefit of the general public and neither the Authority nor the Municipality nor representatives of either shall be liable for any loss or damage as a result of the performance of such governmental fun.

(5) If a Person governed by 360 CMR 10.000 has security measures in force which require proper identification and clearance before entry into his or her premises, the Person shall make necessary arrangements with his or her security staff so that at any reasonable time, upon request and presentation of suitable identification, representatives of the Authority, the Municipality in which the discharge occurs, the Executive Office of Environmental Affairs and its departments, and the EPA shall be permitted to enter without delay for the purpose of carrying out their responsibilities.

(6) If a Person governed by 360 CMR 10.000 has security measures in force which prohibit the taking of photographs within his or her premises or bringing photographic equipment onto his premises, and an Authority representative wishes to photograph any equipment, materials, or portion of the premises pertaining to discharges to or through a Sewer or pertaining to the operation of a Pretreatment system or process line that generates Wastewater and/or Sanitary Sewage discharged to a Sewer, the Person shall provide a staff member for the purpose of taking the photographs required by the Authority representative and providing those photographs to the Authority representative within a reasonable period of time. The Person may claim that a photograph contains confidential information and may file a request for confidentiality pursuant to 360 CMR 10.012, but such claim of confidentiality shall not authorize the Person to fail to take and provide the photographs required by 360 CMR 10.012(6).

(7) The Authority may have warrantless access:

(a) during business hours and at any other reasonable time; and

(b) at any time: with the consent of the owner or person in charge of the premises; in situations presenting imminent danger to health or safety; in any other exceptional circumstance where time or opportunity to apply for a warrant is lacking; or where a warrant is not required by the laws and constitutions of Massachusetts or the United States.

(8) 360 CMR 10.000 shall not limit the power to enter and inspect granted by St. 1984, c. 372 and St. 1987, c. 307, and M.G.L c. 21, § 40.

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