(A) Grounds for instituting sampling and evaluation programs.
(1) In addition to those grounds set forth in § 35.055(A), grounds for instituting a sampling and evaluation program include compliance sampling or District sampling indicating a significant non-compliance (SNC). The sampling and evaluation program may consist of District sampling of the discharger’s wastewater at the first opportunity convenient to the District, upon which daily samples may be taken for up to five days.
(2) The District or an outside laboratory will analyze these samples for the violating constituents and provide notice to the discharger in regard to the results of said sampling. Violations which may occur during the sampling and evaluation program shall constitute subsequent violations under this chapter or under any applicable law.
(B) Sampling and evaluation program revealing non-compliance. If the sampling and evaluation program reveals non-compliance by the user with the prohibitions or specific pollutant limitations specified in this chapter or in the users permit or permit contract.
(1) The user shall be assessed all costs incurred during the sampling and evaluation program for sampling and analysis, including labor, equipment, materials, outside services and related overhead.
(2) The District may place the user on a compliance schedule or undertake another sampling and evaluation program. The compliance schedule shall provide for minimum required actions to be undertaken by the discharger to alleviate the violation and a schedule for completion of said actions. The compliance schedule may include interim constituent level maximums. All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates shall constitute violations of this chapter and other applicable laws, and each day a discharger fails to meet a schedule date shall constitute a separate violation. Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional sampling and evaluation program.
(3) The District may amend an existing permit through an enforcement compliance schedule agreement (ESCA). This may be done after consultation with the user when the user has shown good faith in trying to comply but requires additional time for construction and/or acquisition of equipment related to pretreatment. The permit may be amended with the ESCA for a period of up to 180 days; however, this period may be extended for a period not to exceed an additional 180 days upon determination by the General Manager and/or District Engineer that good cause exists for an additional period. No further extensions shall be granted except upon approval of the Board of Directors.
(4) Any other enforcement mechanism set forth in this chapter or other applicable law may be commenced.
(C) Continued non-compliance after sampling and evaluation program or ESCA. If a discharger remains in non-compliance because corrective action is not taken within a reasonable time after completion of a sampling and evaluation program or the expiration of an ESCA, an administrative order may be issued. Any of the other enforcement mechanisms set forth in this chapter or applicable laws may also be commenced.
(Ord. 2022-02, passed 3-31-2022)