(A) Murray Sewer System shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements being complied with, POTWs are required to inspect all SIUs at least once per year pursuant to 40 CFR 403.8(f)(2)(v). Persons or occupants of premises where wastewater is created or discharged shall allow Murray Sewer System representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, copying records, records examination or in the performance of any of their duties.
(B) Murray Sewer System. Approval Authority, and EPA shall have the right to set upon the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations.
(C) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. All analyses shall be performed by either the Murray Sewer System Laboratory or a certified contracted laboratory acceptable to Murray Sewer System. Analytical procedures shall be performed in accordance with 40 CFR Part 136. Guidelines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act and amendments or with other test procedures approved by the EPA. Analytical techniques for additional pollutants not contained in 40 CFR 136 must be performed by using validated analytical methods approved by EPA (40 CFR 403.12(g)(5). Sampling shall be performed in accordance with techniques approved by the U.S. EPA Administrator. Except as indicated otherwise, the user must collect wastewater samples using twenty-four (24) hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time- proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. See 40 CFR Part 136 and appropriate EPA guidance.
(D) Murray Sewer System may impose mass limitation on users which are using dilution to meet applicable pretreatment standards or local requirements, or in other cases where the imposition of mass limitation is appropriate. In such cases, all reports shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the Murray Sewer System, or pollutants contained therein which are limited by the applicable pretreatment standards. All analyses shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act 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.
(E) For sampling required in support of baseline monitoring and ninety (90) day compliance reports, 40 CFR 403.12(b) and (d) set forth the sampling requirements. For the reports required by 40 CFR 403.12(e) and (h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements. Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant(s) in question, sampling and analysis shall be performed in accordance with the procedures 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 U.S. EPA Administrator.
(F) As required by 40 CFR 403.8(f)(2)(v), inspection and sampling of the effluent from each significant industrial user must be conducted at least one (1) time per year. Exceptions to this requirement include, but may not be limited to:
(1) A pollutant regulated by a categorical pretreatment standard, 40 CFR 403.12(e)(3).
(2) A user that meets the criteria for classification as a non-significant categorical industrial user, 40 CFR 403.3(v)(2).
(3) An industrial user wherein the effluent is randomly sampled and analyzed and inspected every two (2) years. If such standards for reduced reporting are not met, the inspection, analyzing and sampling revert to every year, 40 CFR 403.12(e)(3).
(G) Sampling and monitoring waivers. Murray Sewer System may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. [see CFR 403.12(e)(2)] This authorization is subject to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharged from the facility provided that the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five (5) years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
(3) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes.
(4) The request for a monitoring waiver must be signed in accordance with § 52.02, authorized representative of industrial user, and include the certification statement as currently stated in Section IV, ADDITIONAL REPORTING REQUIREMENTS, Heading E, SIGNATORY REQUIREMENTS, Paragraph 3, CERTIFICATION, of the Wastewater Discharge Permit.
(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the Murray Sewer System must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the pretreatment coordinator for three (3) years after expiration of the waiver.
(8) This provision does not supersede certification processes and requirements established in pretreatment standards, except as otherwise specified in the categorical pretreatment standards.
(Ord. 2024-1867, passed 7-11-24)