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§ 1036.24 CONFLICTING LABORATORY RESULTS.
   If an analysis of wastes, determined by the sampling and gauging of wastes from a person or industry by village forces, does not agree with an analysis of wastes of the person or industry submitted by such person or industry to the village, a program of re-sampling and re-gauging, with subsequent chemical determinations, may be instituted as follows:
   (a)   Request for Re-sampling. The person or industry interested must submit a request for re-sampling and re-gauging and subsequent chemical determinations of wastes.
   (b)   Setting up Re-sampling. The chemist or engineer employed by the person or industry responsible for the analysis submitted to the village shall confer with duly authorized employees of the village. They shall first agree as to the length of the re-run and as to the mediums to be employed to determine and sample the flow.
   (c)   Required Presence of Chemist. The chemist or engineer engaged by the person or industry shall be present during the re-sampling and re-gauging operation and shall also be in the village laboratory during the chemical determination of the analysis.
   (d)   Surcharge Based on Re-analysis. The results of the analysis, determined from the quantity and quality of the flow, shall be considered the analysis of the wastes discharged to the village sewerage system, or to a watercourse, by the person or industry. The sewage surcharge shall be determined from the strength of the wastes as reported in the analysis.
   (e)   Breakdowns in Equipment. If an analysis of wastes, as determined from the routinely scheduled sampling and gauging of wastes from a person or industry, is not considered representative because of a breakdown of manufacturing processes or of treatment or pretreatment facilities during the operation, and such breakdown or conditions are accepted by the village as legitimate reasons, the person or industry can request a re-sampling or re-gauging of the wastes after the breakdowns are remedied. However, the person or industry shall agree to bear all costs of the re-sampling and re-gauging operation, plus the costs of analytical determinations. In such cases, the village shall schedule the operation as soon as possible, but not to interfere with rescheduled operations. All analytical results so found shall be current and no retroactive refund shall be made for any differential in concentrations established.
   (f)   Improperly Maintained Pretreatment Facilities. The village shall assume that any person or industry has treatment or pretreatment facilities and that any routinely scheduled sampling and gauging operation conducted at any time shall be considered representative. Therefore, if, in the course of several routinely scheduled sampling and gauging operations, the person or industry claims that the results of such sampling and gauging are not representative because of a breakdown (or other interruption) of the treatment or pretreatment facilities, then the village shall assume that such facilities are in fact not being properly maintained and the results of the sampling and gauging operations shall be used for purposes of determining the sewage surcharge, fully at the discretion of the village, until such time as another routinely scheduled sampling and gauging operation is conducted.
(`80 Code, § 1036.24) (Ord. 1584, passed 10-18-82; Ord. 2019, passed 12-20-93)