§ 51.232 SAMPLE COLLECTION.

   (A)   Except as indicated in division (B) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Wastewater Utility Manager may authorize the use of time proportional sampling consisting of a minimum of four grab samples if the user demonstrates, to the satisfaction of the Wastewater Utility Manager, that time proportional sampling will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

   (B)   Samples for COD, oil and grease (O&G), temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sample collection techniques.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.233 TIMING.

   Written reports will be deemed to have been submitted on the date postmarked. The date of receipt by the Wastewater Utility Manager shall be deemed the submittal date for reports that are not mailed.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

POTW - COMPLIANCE MONITORING

§ 51.245 RIGHT OF ENTRY; INSPECTION AND ENTRY.

   The SIU shall allow the Wastewater Utility Manager, or an authorized representative, upon the presentation of credentials, to:

   (A)   Enter upon the user’s premises, without any preconditions, except those listed in § 51.247, where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this subchapter or the applicable pretreatment permit;

   (B)   Have access to and copy, at any time, any records that are required to be kept by this subchapter or the applicable pretreatment permit;

   (C)   Inspect, at any time, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this subchapter or the applicable pretreatment permit;

   (D)   At any time, sample or monitor, for the purposes of determining compliance with this subchapter or the applicable pretreatment permit, any substances or parameters at any locations; and

   (E)   At any time, inspect any production, manufacturing, fabricating, or storage area where pollutants, regulated under this subchapter or the applicable pretreatment permit, could originate, be stored, or be discharged to the sewer system.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.246 SEARCH WARRANT.

   If the Wastewater Utility Manager or an authorized representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this subchapter, or that there is a need to inspect or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this subchapter or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Wastewater Utility Manager may seek issuance of an administrative search warrant from the County Circuit Court and/or the County Superior Court No. 1 in the city.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.247 CONFIDENTIAL INFORMATION.

   Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Wastewater Utility Manager’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Wastewater Utility Manager and the City Attorney, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other EFFLUENT DATA, as defined by 40 CF.R. 2.302, will not be recognized as confidential information and will be available to the public without restriction.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

POTW - ADMINISTRATIVE ENFORCEMENT REMEDIES; EFFECTIVE DELEGATION OF A LOCAL PRETREATMENT PROGRAM

§ 51.260 NOTIFICATION OF VIOLATION.

   When the Wastewater Utility Manager finds that a user has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Manager may serve upon that user at the address contained within the permit, by hand delivery or by First Class, U.S. Mail, a written notice of violation. Within 30 days of the receipt of this notice, or such shorter time as may be contained within the notice of violation, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Wastewater Utility Manager. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Wastewater Utility Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)