(A) Monitoring facilities.
(1) The installation of a monitoring facility shall be required for all industrial users having wastes which receive pretreatment, are otherwise altered or regulated before discharge, or are unusually strong and thereby subject to a surcharge. Monitoring facility shall be a manhole or other suitable facility approved by the City Manager.
(2) When, in the judgment of the City Manager, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the City Manager may require that separate monitoring facilities be installed for each separate source of discharge.
(3) Monitoring facilities that are required to be installed shall be constructed and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewater produced by a user. If sampling or metering equipment is also required by the City Manager, it shall be provided and installed at the user's expense.
(4) The monitoring facility will normally be required to be located on the user's premises outside of the building. The City Manager may, however, when the a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street right-of-way with the approval of the public agency having jurisdiction of that right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.
(5) There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(6) Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the City Manager's requirements and all applicable local agency construction standards and specifications. Construction must be completed within 180 days following written notification unless an extension is granted by the City Manager.
(B) Inspection and sampling.
(1) The city shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, records examination or in the performance of any of its duties. The city, approval authority and EPA shall have the right to set up on the user's property the devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into his or her premises, the user shall make necessary arrangements with his or her security guards so that, upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing its specific responsibility.
(2) The City Manager or his or her representatives shall have no authority to inquire into any manufacturing process beyond that point having a direct bearing on the level and sources of discharge to the sewers, waterways or facilities for waste treatment.
(C) Compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the City Manager a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by the pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user in compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a qualified professional.
(D) Periodic compliance reports.
(1) Any user subject to a pretreatment standard, after the compliance date of the pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the City Manager during the months of June and December, unless required more frequently in the pretreatment standard or by the City Manager, a report indicating the nature and concentration, of pollutants in the effluent which are limited by the pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow. At the discretion of the City Manager and in consideration of the factors as local high or low flow rates, holidays, budget cycles and the like, the City Manager may agree to alter the months during which the above reports are to be submitted.
(2) The City Manager may impose mass limitations on users where the imposition of mass limitations are appropriate. In the cases, the report required by division (D)(3) of this section standards in the effluent of the user.
(3) The reports required by this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the City Manager, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the wastewater discharge permit or the pretreatment standard. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to § 304(g) of the Clean Water Act and contained in 40 C.F.R. part 136 and amendments thereto or with any other test procedures approved by the City Manager. Sampling shall be performed in accordance with the techniques approved by the City Manager.
(E) Maintenance of records.
(1) Any industrial user subject to the reporting requirements established in this section shall maintain records of all information resulting from any monitoring activities required by this section. The records shall include for all samples:
(a) The date, exact place, method and time of sampling and the names of the persons taking the samples;
(b) The dates analyses were performed;
(c) Who performed the analyses;
(d) The analytical techniques/methods used; and
(e) The results of the analyses.
(2) Any industrial user subject to the reporting requirement established in this section shall be required to retain for a minimum of three years all records of monitoring activities and results (whether or not the monitoring activities are required by this section) and shall make the records available for inspection and copying by the City Manager, Director of the Division of Water Pollution Control, State Department of Environment and Conservation or the Environmental Protection Agency. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the City Manager, the approval authority or the Environmental Protection Agency.
(F) Safety. While performing the necessary work on private properties, the City Manager or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the monitoring and sampling operation, except as the may be caused by negligence or failure of the company to maintain safe conditions.
(1989 Code, § 18-207)