(A) The City Manager may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this chapter. The discharger shall allow the City Manager to enter upon the premises of the discharger at all hours, for the purposes of inspection, sampling or records examination. The City Manager shall have the right to set up on the discharger’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations and have access to examine and copy any records. All costs associated with this monitoring requirement shall be borne by the discharger.
(B) The reports required by §§ 2.57 and 2.58 of this chapter shall be based on sampling and analysis performed in the period covered by the report and performed in accordance with the techniques described in 40 C.F.R. part 136, and amendments thereto, or as specified in the applicable categorical pretreatment standard.
(C) The frequency of monitoring shall be specified by the City Manager to assess compliance by Industrial and commercial users with applicable pretreatment standards and requirements in accordance with 40 C.F.R. § 403.12(g)(3) and R 323.2310(6)(d) MAC. Where EPA 40 C.F.R. part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedure set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator of the EPA. Where the POTW performs all the required sampling and analyses and collects all the information required for the reports required in §§ 2.57 and 2.58 of this chapter, the SIU will not be required to submit the report.
(D) If sampling performed by an SIU indicates a violation, the user shall notify the City Manager within 24 hours of becoming aware of the violation. At a minimum, the user is required to resample and analyze within 30 days of becoming aware of the violation. The City Manager may, with the issuance of a modified permit, require more frequent sampling and analysis. Re-sampling by the SIU is not required if the city performs sampling at the user’s facility between the time when the initial sampling was conducted and the time when the SIU or city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the SIU.
(F) (1) The reports required by §§ 2.57 and 2.58 of this chapter shall include the following certification statement: “I certify under penalty of the law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted, it is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of penalty and imprisonment for knowing violations.”
1. A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
2. The Manager of one or more manufacturing, production or operating facilities, provided, the Manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the Manager in accordance with corporate procedures.
(c) By a duly authorized representative of the individual designated in divisions (F)(2)(a) or (F)(2)(b) of this section if:
1. The authorization is made in writing by the individual described in divisions (F)(2)(a) or (F)(2)(b) of this section;
2. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
3. The written authorization is submitted to the Director.
(d) If an authorization under division (F)(1)(c) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of division (F)(1)(c) above must be submitted to the Director prior to or together with any reports to be signed by an authorized representative.
(Ord. effective 11-15-2013)