§ 46-149  SAMPLING, ANALYSES AND TESTS.
   (a)   Wastewater sampling and analyses.
      (1)   The prohibitions and restrictions in § 46-146, or as set forth in a SAL or LIL (which may be in a use permit), shall apply at the point where wastewater and pollutants are discharged into the POTW. Required pretreatment and sampling for analysis of parameters specified in a use permit, discharge limit, CPS or any discharge prohibition, limitation or standard shall be effected before such point is reached.
      (2)   All measurements, sampling, tests and analyses of the discharge shall be determined in accordance with the EPA-approved methods contained in 40 C.F.R. Part 136. In cases where 40 C.F.R. Part 136 procedures are not available for or do not apply to the pollutant involved, other sources such as Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, or the most current methods published by the American Society for Testing Material (ASTM) or another method accepted by the City Director may be used.
      (3)   All samples shall be collected at a time and in a manner that ensures they are representative of the wastewater discharged when the user’s normal operations are occurring, except when required by the City to be collected at another time or in another manner.
         a.   Sampling to measure the instantaneous concentration shall be done by collecting one grab sample.
         b.   Sampling to measure the daily concentration shall be done by collecting a 24-hour, flow-proportioned composite sample, except that a minimum of four grab samples shall be collected in lieu of a 24-hour, flow-proportioned composite sample for pH, cyanide, total phenols, hexane-extractable material, sulfide and volatile organic compounds. If it is not feasible to obtain a flow-proportioned composite sample, a time-proportioned composite sample or a minimum of four grab samples may be used in lieu of the flow-proportioned composite sample if the user demonstrates to the City Director that a representative sample will be obtained. Samples shall be collected during a single 24-hour period.
   (b)   Significant non-domestic user sampling and analyses. Unless otherwise modified by a use permit, the following shall apply.
      (1)   Subject to events beyond the control of the user, significant non-domestic users shall, at their expense, sample their discharge by flow-proportioned composite sampling. Samples must be obtained periodically each day, whenever the significant non- domestic user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 46-147). The significant non-domestic user shall submit a written description of the specific sampling method, sampling equipment, and sampling location to the City Director and obtain the approval of the City Director. Alternately, at the discretion of the City Director, users may provide a tour of sampling locations and a demonstration of sampling equipment and specific sampling methods to City Enforcement Officer in order to obtain approval. For significant non-domestic users with a new source, this approval shall be obtained prior to commencement of the discharge. Significant non-domestic users discharging as of the effective date of this section shall make application within 90 days of the effective date.
      (2)   The City may direct a significant non- domestic user to not perform self-monitoring, in which case the City may obtain samples of that user’s discharge for analysis using composite time-proportioned or flow-proportioned sampling (except for pH and for fat, oil and grease which shall be grab samples) or may contract with an independent firm for such sampling. Samples may be obtained by the City each day, whenever the user is discharging. The flow-proportioned composite sampler shall be programmed for a minimum of 100 sampling events per day based on the average permitted flow per day. Dilution is prohibited (see § 46-147). The significant non- domestic user shall pay a fee to the City to fully reimburse the City for such sampling and analysis, including administrative and overhead costs. If the City contracts with an independent firm for the sampling, the significant non-domestic user shall fully reimburse the City for amounts paid by the City to the firm.
      (3)   The significant non-domestic user shall provide equipment at its facility to properly preserve and store up to 35 consecutive daily samples, whether or not that user is performing the sampling.
      (4)   Samples shall be preserved and stored at the significant non-domestic user’s facility for every day on which a discharge occurs. At least ten daily samples shall be analyzed each calendar month. Daily samples for alternate days on which a discharge occurs shall be analyzed unless the City specifies to the significant non-domestic user, no later than the fifth day after the end of the calendar month, which days ten of the samples must be analyzed for that calendar month. If the significant non-domestic user discharges for less than ten days in a calendar month, then the number of samples shall equal the number of days on which there is a discharge and all such samples shall be analyzed. Analyses shall be performed for parameters specified in the significant non-domestic user’s use permit.
      (5)   Samples shall be analyzed at the sole cost of the significant non-domestic user. If a significant non-domestic user does its own sampling or causes its samples to be taken, then the user shall submit the samples to a laboratory (which may be the significant non-domestic user’s own laboratory) approved by the City for analysis. If the City does not approve the user’s chosen laboratory, the City shall provide the user with a written explanation why the City did not approve the laboratory. If the significant non-domestic user utilizes its own laboratory, that significant non-domestic user shall send a split sample to an independent laboratory at least quarterly as a quality control check. If a significant non-domestic user does its own sampling or analysis, the City may also take and have analyzed daily composites or grabs at the sole cost of the significant non-domestic user, in which case the City shall provide a written explanation within a reasonable time to the user why the City is performing such sampling. If the City takes the samples, the City, at its discretion, may analyze the samples in its own laboratory or contract with an independent laboratory for the analysis.
      (6)   The date when a sample is taken, start time, stop time, sample type, sample location, sampler programming information, persons involved in the sampling, and any other data specified in advance by the City Director, shall be recorded by the significant non-domestic user if the significant non-domestic user is self-monitoring.
      (7)   Flow measurements shall be taken to record the daily discharge volume. On each sample date, flow measurements shall be taken to record the daily discharge volume unless that is not feasible. In this case, flow estimates based on water meter readings may be used if a user demonstrates to the City Director that a representative estimate will be obtained.
      (8)   All analytical results for the month shall be submitted to the City by the fifteenth day of the following month if the significant non-domestic user does self-monitoring. The City shall provide copies of analytical results to the significant non-domestic user if the City performs the monitoring. If a significant non-domestic user monitors any pollutant more frequently than required by the City, using the procedures prescribed in subsection (a) of this section, the results of the monitoring shall be included in the next surveillance report or other monitoring report submitted to the City by that significant non-domestic user.
      (9)   The City shall be provided with splits of any sample taken by a significant non-domestic user if the City requests a split sample. A significant non-domestic user shall be provided with splits of any sample taken by the City if the significant non-domestic user requests a split sample within seven days after the sample is taken. Split samples shall be provided at the time the sample is taken, if possible.
      (10)   The significant non-domestic user (which is performing self-monitoring) or the City (if the significant non-domestic user is not performing self-monitoring) shall contract with an independent company to maintain, repair and calibrate the sampling and flow measurement equipment and instruments used to monitor that significant non-domestic user. Such maintenance, repair and calibration shall be performed as necessary so that monitoring data is accurate and representative, but in no event less frequently than twice in a calendar year at reasonable intervals. The City, in any event, may inspect and test a significant non-domestic user’s flow meters at reasonable times or at any time in the case of an emergency.
   (c)   Other users. The City Director may require any other user to install a suitable control structure and necessary measuring and sampling devices to facilitate the observation, sampling and measurement of the quantity, composition and concentrations of discharges to the POTW. Such structure and devices shall be constructed and installed at the user’s expense in accordance with plans submitted to the City Director and shall be maintained by the user as safe and accessible during all reasonable times and to provide accurate and representative monitoring data. If the user fails to install such a structure and devices, or maintain them, the City may do so at the expense of the user.
   (d)   Removal of samples and data. The City Director or the City Director’s authorized representative shall have the right to remove samples of wastewater and pollutants discharged into the POTW and to make copies of other data and materials concerning the same. Upon the written request of such user, split samples will be provided.
   (e)   Authority to require submission of samples. The City Director may require any user to submit one or more representative samples of the wastewater discharged, or which the user proposes to discharge, into the POTW.
   (f)   Failure to permit access or removal of samples and other data. In the event a user refuses to permit access at reasonable times, or at any time in the event of an emergency, to an authorized City representative or to permit the representative to obtain, take and remove samples and make copies of other data pursuant to this section, the City may take any or all of the following actions:
      (1)   Order the termination of the discharge of wastewater to the POTW;
      (2)   Order the user to permit access within a time certain; or
      (3)   Issue a citation for a violation of this chapter.
   (g)   New installation of pretreatment facilities.
      (1)   Notices. The user or its authorized agent shall notify the City Director in writing, at least 15 days before the installation of new pretreatment facilities, of the date it intends to commence operation thereof. A new pretreatment facility shall not be placed in regular operation until tests have been conducted by the user to establish that the discharges will be in compliance with this division.
      (2)   Tests by users. A representative of the City shall be permitted to witness the tests upon prior written request. The cost of the tests shall be paid by the user of the facilities.
(Ord. 3630, passed 12-13-2004)