(1) Inspection:
A. Right Of Entry: The authority, and/or agents representing the authority shall be allowed to inspect any facilities, equipment, practices, or operations which are associated with the industrial user's discharge into the POTW to ascertain whether the purpose of this article, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. The authority, and/or agents of the authority shall be allowed to have access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. All records must be kept in accordance with the conditions of the user's discharge permit and be readily available for inspection.
B. Permitted Entry With Proper Identification: Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the City, State, and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities. The City will conduct, at a minimum, one inspection at each SIU annually.
(2) Sampling:
A. Frequency: The Public Works Director is authorized to require samples of wastewater discharges from industrial users as often as necessary to adequately monitor and control their discharge. In the event the Public Works Director requires such samples, a user shall retain the services of a reputable commercial laboratory and pay all costs of sample collection and laboratory services to determine and report the wastewater characteristics.
B. Annual Sample; Cost: The control authority shall sample and analyze the effluent from significant industrial users at least once a year. Samples may be randomly collected at users' facilities by the authority or its authorized representative. The cost of such sampling and laboratory analyses shall be paid by the industrial users.
C. Techniques: All handling and preservation of collected samples and laboratory analyses of samples shall be performed in accordance with 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical procedures, including procedures suggested by the POTW or other persons approved by the EPA.
D. Obstructions: Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the pretreatment coordinator and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
E. Unreasonable Delays In Allowing Access; Violation: Unreasonable delays in allowing City personnel access to the industrial user's premises shall be a violation of this article.
F. Documentation: All samples collected for compliance monitoring by the industrial user, the City, or their authorized agents shall be fully documented to demonstrate the integrity of the sample from the time of sample collection through the chemical analysis and the reporting of the analytical results. Sample integrity documentation shall be accomplished by use of a field "Chain-of-Custody" form, approved by the City, and the analytical laboratory's sample custody system.
G. Samples Must Be Typical: All samples must be representative of the discharge characteristic typically discharged from the facility.
H. Grab And Composite Samples:
1. Grab samples must be used for pH; cyanide (CN), total phenols, oil and grease (O&G); fat, oil and grease (FOG); sulfide, and volatile organic compounds.
2. Twenty-four (24) hour composite samples must be obtained through flow-proportional composite sampling techniques for all other pollutants not listed in subsection (2)H1 of this section, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user's file for that facility or facilities.
3. Multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides, the samples may be composited in the laboratory or in the field; for volatile organics; oil and grease; and fats, oil, and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures may be authorized by the City, as appropriate.
4. For sampling required in support of categorical baseline monitoring and ninety (90) day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfides, and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city may authorize a lower minimum number of grab samples.
5. For the purposes of sampling and compliance, "daily discharge" means the discharge of a pollutant measured during a calendar day or any twenty-four (24) hour period that reasonably represents the calendar day for purposes of sampling. During parts of the day when there is no discharge of process wastewater, standing water should not be disproportionately sampled and analyzed as it would not be representative of the discharge from the facility.
I. The Superintendent may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated once per year to ensure their accuracy.
(3) Sampling Waiver For Pollutants Not Present: The City may waive the self-monitoring requirements for individual pollutants, including indicator or surrogate pollutants, for SIUs and CIUs, providing the following criteria are met:
A. The SIU/CIU presents sampling results of one or more samples of the waste stream prior to pretreatment that confirms the pollutant is not present at concentrations greater than the facility intake water;
B. The sample is confirmed to be representative of the facility discharge;
C. The pollutant is not expected to be present; and
D. The waiver is incorporated into the permit.
1. The permit must contain the pollutant limits and monitoring requirements. The waiver is then incorporated into the permit. The data on which the waiver is issued must be fully documented and retained with the permit for a period of three (3) years past the expiration of the permit. The waiver is effective only during the term of the permit. The permit holder may request another waiver once a new permit has been reissued and an untreated sample confirms the absence of the pollutant to be waived.
2. If the pollutant is subsequently found to be present or is expected to be present, the industrial user must immediately resume monitoring and notify the city. Sampling waivers do not apply to CIU baseline monitoring or ninety (90) day compliance reporting. The City must sample for the pollutant at least once during the term of the permit.
(4) Determination Of Noncompliance: The pretreatment coordinator shall evaluate all self-monitoring reports, compliance reports, city monitoring reports and the results of other investigative actions to determine compliance to the terms and conditions of wastewater discharge permits and this article.
(5) Determination Of Significant Noncompliance: The pretreatment coordinator shall evaluate permitted users for significant noncompliance using the most recent EPA and/or state methodology for evaluation of significant noncompliance based on the definition of significant noncompliance as per subsection 04-07-05(1) of this article.
(6) Search Warrants: If the control authority, and/or its agent has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate 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 Public Works Director designed to verify compliance with this article or any wastewater discharge permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the authority, and/or its agent shall seek issuance of a search and/or seizure warrant from the appropriate court of competent jurisdiction. Such warrant shall be served in compliance with the law.
(7) Vandalism: It shall be unlawful for any person to willfully break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW; or monitoring and surveyance devices placed by the authority for the purpose of monitoring an industrial user. (Ord. 2751, 6-16-2008; Ord. 3364, 8-16-2021)