(a) Flow Measurement and Monitoring.
(1) Measurement of flow.
A. The volume of flow used for any computation concerning industrial wastes shall be the metered water consumption of the user, as shown in the records of meter readings maintained by the City Water Division.
B. If the user discharging industrial wastes into the public sewers procures any part or all of this water from sources other than the City water system, all or a part of which is discharged into the public sewers, the user shall install and maintain, at his or her expense, water meters of a type approved by the City for the purpose of determining the volume of water obtained from these other sources.
(2) Metering of waste.
A. Devices for measuring the volume of waste discharged may be required by the City if these volumes cannot otherwise be determined from the metered water consumption records.
B. Metering devices for determining the volume of waste shall be installed, owned and maintained by the user. Following approval and installation, these meters may not be removed without the consent of the City.
(3) Waste sampling.
A. Industrial wastes discharged into the public sewers may be subject to periodic inspection and determination of the character and concentration of these wastes. The determination shall be made as often as may be deemed necessary by the City.
B. Samples shall be collected in such a manner as to be representative of the composition of the wastes. The sampling may be accomplished either manually or by the use of mechanical equipment acceptable to the City.
C. Access to sampling locations shall be granted to the City or its duly authorized representatives at all times. Every care shall be exercised in the collection of samples to ensure their preservation in a state comparable to that at the time the samples were taken.
(4) Sample analyses.
A. Laboratory procedures used in the examination of wastewater shall be in accordance with USEPA-approved test procedures contained in 40 CFR, Part 136, and amendments thereto. Where 40 CFR, Part 136, does not include sampling or analytical techniques for the pollutant in question, or where the USEPA determines that the 40 CFR, Part 136, sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using other sampling and analytical procedures approved by the USEPA.
B. Determination of the character and concentration of industrial wastes may be made by the person discharging them, or by his or her qualified agent, as approved by the City.
C. The City shall make its own analysis of the wastes, and these determinations shall be binding as a basis for charges and enforcement, except under the circumstances provided for in paragraph (a)(4)D. hereof. The cost for nonconventional parameters analyzed by a contract laboratory shall be the responsibility of the discharger. The contract laboratory shall be mutually agreeable to the City and the discharger.
D. If analyses performed by the industrial user and the City result in substantially different values, the industrial user may request that the City split samples that the City has collected in order for both the City and the discharger to conduct comparable analyses. The City's and industrial user's results of the analyses on the split samples shall be compared and the differences shall be negotiated.
(b) Required Facilities Cost Review and Approval.
(1) The costs for constructing or maintaining facilities required by this chapter, or by a discharge permit or order issued under the provisions of this chapter, shall be the responsibility of the discharger. The discharger shall have appropriately qualified and experienced personnel available to operate and maintain any pretreatment facility.
(2) Review and approval of facilities or operating procedures by the City shall not relieve the discharger from the responsibilities to modify its facility as necessary to meet the requirements of this chapter or of a discharge permit or order issued under the provisions of this chapter.
(c) Confidential Information.
(1) Information and data furnished to or obtained by the City, with respect to the nature and frequency of discharge, shall be available to the public or any governmental agency without restriction, unless the discharger specifically requests otherwise and is able to demonstrate to the satisfaction of the City that the release of this information would divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the discharger.
(2) When so requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available, upon written request, to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) permit, the State disposal system permit, or the pretreatment programs. Such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the discharger furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(Ord. 5330. Passed 10-15-91.)
(d) Records Retention. All dischargers subject to this chapter (including documentation associated with Best Management Practices) shall retain and preserve, for not less than three years, any records, books, documents, memoranda, reports and correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of the discharger in connection with its discharge. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitations with respect to any and all administrative or judicial appeals have expired.
(Ord. 7515. Passed 7-9-13.)
(e) Right of Revision.
(1) The City reserves the right to review and amend this chapter periodically so as to provide prohibitions, limitations or requirements on discharges to the POTW where it is deemed necessary in order to comply with the objectives set forth in this chapter. A technical evaluation of the need to revise local limitations shall be performed by the City at least as frequently as submission of an NPDES permit renewal application for the POTW.
(2) This chapter shall be amended without legislative action when categorical pretreatment standards are promulgated in their final form.
(f) Control of Wastes. If waters or wastes which are discharged or are proposed to be discharged to the public sewers contain the substances or possess the characteristics enumerated in this chapter and, in the judgment of the City, may have a deleterious effect on the wastewater works or the receiving waters, create a hazard to life or constitute a public nuisance, the City may:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition for discharge to the public sewers under Section 925.06(c);
(3) Require control over the quantities and rates of discharge of such waters or wastes; or
(4) Require payment to cover the additional cost of handling and treating the wastes under the provisions of this chapter.
(Ord. 5330. Passed 10-15-91.)