15.40.380 Monitoring facilities and location.

   Any user required to have a waste discharge permit shall provide and operate, at the user’s own expense, monitoring facilities to allow inspection, sampling, and flow measurement of discharges from process wastestreams (CIUs) into the building sewer and/or other internal drainage systems prior to discharge to the city’s sanitary sewer system. The monitoring facility shall be situated on the user’s premises, but the director may, when such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area. The monitoring facility shall be located so that it will not be obstructed by landscaping or parked vehicles. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written request of the director and shall not be replaced. The costs of clearing such access shall be borne by the user. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The precise location shall be specified in the user’s wastewater discharge permit.

   The facility, sampling, and measuring equipment shall be maintained and calibrated at all times in a safe and proper operating condition at the expense of the user. The facility shall be readily accessible to city personnel at all times. Whether constructed on public or private property, the sampling and monitoring facilities must meet the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the city.

(Ord. 2481 §1 (part))

15.40.390 Date of submission of reports.

   Any written reports required by this chapter shall be deemed to have been submitted on the date of receipt of the report. Any written reports required by this chapter shall be certified as provided in section 15.40.180.

(Ord. 2481 §1 (part))

15.40.400 Recordkeeping requirements.

   Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying by the city, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under section 15.40.024 of this chapter. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city which relates to such monitoring, or where the user has been specifically notified of a longer retention period by the director.

(Ord. 2481 §1 (part))

15.40.410 Right of entry: Inspection and sampling.

   The director or authorized agent or employee of the city, USEPA, State Water Resources Control Board, or Central Valley Regional Water Quality Control Board shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purpose of inspection, sampling, records examination and copying, and performance of any additional duties.

   1.   Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification, personnel from the city, Central Valley Regional Water Quality Control Board, State Water Resources Control Board, and USEPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

   2.   The city, Central Valley Regional Water Quality Control Board, State Water Resources Control Board, and USEPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering of the user’s operations.

   3.   The director may require the user install monitoring equipment as necessary according to section 15.40.380.

   4.   Unreasonable delays in allowing the director to access the user’s premises shall be a violation of this chapter.

(Ord. 2481 §1 (part))

15.40.420 Search warrants.

   If the director 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 chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect overall public health, safety, and welfare of the community, the director may seek issuance of a search warrant through the city attorney.

   Nothing herein shall be read to limit the immediate right of entry without a warrant in any emergency situation or where entry is permitted under the Constitution or any state or federal law.

(Ord. 2481 §1 (part))

15.40.430 Sampling, analysis and test procedures.

   1.   All analysis and testing by the city or users required by this chapter shall conform to procedures established by the Administrator pursuant to section 304(g) of the Act and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analysis procedures, including procedures suggested by the director or other parties approved by USEPA.

   2.   If sampling by a user indicates a violation, the user must notify the director within twenty-four (24) hours of becoming aware of the violation. The user must also resample and submit results of this resampling to the director within thirty (30) days.

   3.   Except as indicated in subsection (4) below, the user shall collect wastewater samples using twenty-four- (24-) hour flow-proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the director. Where time-proportional or grab sampling is authorized by the director, the samples must be representative of the discharge. Using protocols (including appropriate sample preservation) specified in 40 CFR Part 136 and appropriate USEPA guidance, multiple grab samples collected during a 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 and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved USEPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

   4.   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sample collection techniques.

   5.   In all cases where this chapter requires either sampling, analysis or testing of wastewater by a user, all such sampling, analysis and testing shall be performed at the user’s expense by an accredited independent laboratory approved by the director. Nothing in this subsection shall be construed to prevent a user from performing its own sampling, analysis and testing in those circumstances where such is not required to be performed by this chapter.

(Ord. 2481 §1 (part))

15.40.440 Confidential information.

   Information and data regarding a user obtained from reports, questionnaires, permit applications, permits, monitoring programs or from inspections shall be public records available to the public or other governmental agencies without restriction pursuant to the Public Records Act (Govt. Code §6250 et seq.), unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user pursuant to the Public Records Act. Any such request must be asserted at the time of submission of the information or data. Pursuant to 40 CFR Part 403.14, effluent data (including wastewater characteristics and constituents) shall not be recognized as trade secrets.

(Ord. 2481 §1 (part))

ARTICLE VI. VIOLATIONS, ENFORCEMENT AND PENALTIES