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SEC. 49-55.3.   INSPECTION AND SAMPLING.
   (a)   Inspection and sampling. The director shall inspect and sample each significant industrial user at least once each year. The director may, however, inspect and sample a significant industrial user more frequently. The inspection, surveillance, and monitoring must be independent of information received from the self-monitoring reports program. If a significant industrial user requires additional samples, the director may require the user to pay the cost of the additional service.
   (b)   Sample collection and analysis. Samples must be collected and analyzed in accordance with Sections 49-51(j) and (k). A sample may be taken manually or by use of mechanical equipment.
   (c)   Submission of monitoring data. All significant industrial users shall submit all monitoring data of regulated pollutants that has been collected at the appropriate sampling location, in accordance with Section 49-51.
   (d)   Accidental discharge/slug control plans. Within one year after an industrial user is designated as a significant industrial user, the director shall evaluate and determine whether the significant industrial user needs to develop, submit, and implement an accidental discharge/slug control plan. The director may also require any industrial user to develop, submit, and implement such a plan. Alternatively, the director may develop the plan for any industrial user. An accidental discharge/slug control plan must address, at a minimum, the following:
      (1)   A description of discharge practices, including non-routine batch discharges.
      (2)   A description of stored chemicals.
      (3)   Procedures for immediately notifying the director of any accidental or slug discharge, as required by Section 49-51(i).
      (4)   Procedures to prevent adverse impact from any accidental or slug discharge. The procedures may include, but are not limited to, the inspection and maintenance of storage areas, the handling and transfer of materials, the loading and unloading operations, the control of plant site runoff, worker training, the building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment needed in the event of emergency response.
   (e)   Self-monitoring program. The director may, to the extent permitted by the EPA, delegate self- monitoring and reporting responsibilities to specific industrial waste discharge permittees, based upon the compliance history of a permittee and the volume and character of the waste discharge. Self-monitoring data from an industrial user must be submitted with accompanied chain-of-custody forms.
   (f)   Waiver of pollutant sampling.
      (1)   The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated, through sampling and other technical factors, that the pollutant is neither present nor expected to be present in the discharge, or, if present, is only present at background levels from intake water, without any increase in the pollutant due to activities of the industrial user.
      (2)   The authorization is subject to the following conditions:
         (A)   The pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater:
            (i)   is not regulated by an applicable categorical standard; and
            (ii)   includes no process wastewater.
         (B)   The waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The industrial user must submit a new request for a waiver when a subsequent individual wastewater discharge permit is granted.
         (C)   The industrial user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility. The process wastewater sample must be representative of wastewater from all processes.
         (D)   The request for a waiver must be signed in accordance with Section 49-1(5) and include the certification statement in Section 49-51(m).
         (E)   Non-detectable sample results may be used as a demonstration that a pollutant is not present if the EPA-approved method from Title 40, Code of Federal Regulations, Part 136, as amended, with the lowest minimum detection level for that pollutant was used in the analysis.
         (F)   Any waiver by the director must be included as a condition in the industrial user’s permit. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver must be maintained by the director for a period of three years after the expiration of the waiver.
         (G)   The industrial user must certify that there has been no increase of the pollutant in its wastestream due to its activities. The certification must appear on all future reports, along with the statement in Section 49-51(m).
         (H)   If a waived pollutant is found to be present or is expected to be present because of changes occurring in the industrial user’s operations, the industrial user must immediately:
            (i)   comply with the sampling requirements of Section 49-55.3(a) or other more frequent sampling requirements imposed by the director; and
            (ii)   notify the director.
      (3)   This subsection does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise provided in the categorical pretreatment standards. (Ord. Nos. 19201; 20215; 21409; 26925; 28084)