§ 53.044 MONITORING FACILITIES.
   (A)   Each industrial user whose wastewater discharge(s) has by sampling of wastewater or other means of inspection been found to contain or have the potential to contain incompatible priority pollutants in amounts or concentrations which may cause interference with the wastewater treatment works process or operation shall provide and maintain at all times monitoring facilities, including but not limited to a manhole, as required by the village at each applicable building sewer discharge which will allow for inspections, sampling, and flow measurement of the discharge to the village sewer line. Such monitoring facility shall be provided and maintained by the user on each building sewer discharge, which contains or has the potential to contain incompatible priority pollutants; provided, however, that an industrial user, subject to the provisions of the national categorical pretreatment standards shall sample and/or monitor in accordance with such standards. The village maintains the right to require installation of monitoring facilities on existing lines for cause.
      (1)   The monitoring facilities shall be located on the industrial user’s premises, provided that if such location would be impractical or cause undue hardship to the industrial user, the village may allow the facility to be constructed in the public street or sidewalk area. Monitoring facilities located in public streets or sidewalks shall not obstruct the flow of traffic. Said facility shall be located so that samples may be taken safely and easily and shall not be obstructed by landscaping, parked vehicles, or other activity of the industrial user. 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 Director of Public Works or designated representative and shall not be replaced. The costs of clearing such access shall be borne by the user.
      (2)   All monitoring facilities must meet all local and village construction codes and must be approved by the village prior to construction.
      (3)   There shall be ample room in and near such monitoring facilities to allow accurate sampling and monitoring equipment to be installed and to prepare samples for analysis. Such facilities shall be accessible to authorized representatives of the village at all times upon representation of suitable identification without delay from 8:00 a.m. to 5:00 p.m., seven days per week, provided that authorized representatives of the village personnel shall under exceptional circumstances have access upon presentation of suitable identification at all times, without limitation.
      (4) When requested by the village, the user shall make the entrance or manhole to such monitoring facilities securable by a breakaway locking device. The village shall provide complete control of access to the monitoring facility. When required by an industrial user, village personnel shall be available to open the monitoring facilities on 90 minute notice upon good cause shown. Alternative means of adequately securing such monitoring facilities may be approved by the Village Administrator upon recommendation of the Director of Public Works. This determination shall be made when requested by the industrial user.
      (5)   The village may require that monitoring facilities shall contain the following equipment installed in a permanently fixed position by the industrial user:
         (a)   Flow monitoring equipment approved by the village.
         (b)   A recording and totalizing register for measurement of the liquid quantity; or at the discretion of the village the metered water supply to the industrial user may be used as the liquid quantity where it is substantiated to the Director of Public Works that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment agreed to by the village is made in the metered water supply to determine the liquid waste quantity.
         (c)   A dedicated source of electrical power to the monitoring facilities of sufficient voltage and amperage to operate all equipment in the sampling chamber. An appropriate device shall be installed by user to indicate a power failure and length of time of such failure. Such device shall be specified by the village and furnished by user.
      (6)   Automatic composite sampling devices provided by the user will be installed and operated in the monitoring facility on a 24-hour basis seven days per week. Samples will be collected by village personnel five days per week and analyzed on a routine basis. The village will provide a split of each sample taken from said monitoring facility upon written request of the industrial user.
      (7)   When required, time composite samples shall be taken at a frequency determined by the village, and properly refrigerated and preserved in accordance with Standard Methods and 40 CFR Part 136, and shall be composited in proportion to the flow for a representative 24-hour sample. Such sampling shall be done as prescribed by the village.
      (8)   When a sampler has been required of a user, that user shall develop and implement procedures that guarantee the sample collected shall be representative of its daily effluent. The user shall inform the Director of Public Works within one business day if a sample collected is not representative of its daily flow.
      (9)   The frequency of sampling, sampling chamber, metering device, sampling methods, and analyses of samples shall be subject, at any time, to inspection and verification by the village.
   (B)   All measurements, tests, and analyses to which reference is made in this chapter shall be determined and performed in accordance with the procedures established by the Administrator of the United States Environmental Protection Agency (hereafter “Administrator”) pursuant to Section 304(g) of the Act (33 USC 1314(g)) 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 sampling or analytical techniques for the pollutants in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099