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§ 52.095 SAMPLE COLLECTION.
   (A)   Except as indicated in division (B) below or otherwise in this chapter or an industrial wastewater discharge permit, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the coordinator may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
   (B)   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
   (C)   In addition, the city expressly reserves the right to construct, install, operate and/or maintain off-site sampling and flow monitoring stations with respect to any user.
(Ord. 1433, passed 7-1-2002)
§ 52.096 TIMING.
   Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Ord. 1433, passed 7-1-2002)
§ 52.097 RECORD KEEPING.
   Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 five years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the coordinator.
(Ord. 1433, passed 7-1-2002)
COMPLIANCE
§ 52.110 RIGHT OF ENTRY; INSPECTION AND SAMPLING.
   (A)   The coordinator or its designees shall have the right to enter the property and 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.
   (B)   Users shall allow the coordinator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
      (1)   Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the coordinator will be permitted to enter without delay for the purposes of performing specific responsibilities.
      (2)   The coordinator shall have the right to set up on or off the user’s property, and/or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations and discharge.
      (3)   The coordinator 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 semi-annually or otherwise as required by the coordinator to ensure their accuracy.
      (4)   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 or verbal request of the coordinator and shall not be replaced. The costs of clearing such access shall be borne by the user.
      (5)   Unreasonable delays in allowing the coordinator access to the user’s premises shall be a violation of this chapter.
(Ord. 1433, passed 7-1-2002) Penalty, see § 52.999
§ 52.111 SEARCH WARRANTS.
   If the coordinator 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 the overall public health, safety and welfare of the community, then the coordinator may seek issuance of a search warrant from the District Justice and/or the county’s Court of Common Pleas.
(Ord. 1433, passed 7-1-2002)
§ 52.112 CONFIDENTIAL INFORMATION.
   Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the coordinator’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the coordinator, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held 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 immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other “effluent data” as defined by 40 C.F.R. § 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 1433, passed 7-1-2002)
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