§ 53.09  WASTE SAMPLING; ANALYSIS.
   (A)   (1)   Any industrial user shall be subject to periodic inspections by the town for the purpose of determining compliance with compliance limits, solvent management plans or spill prevention plans, identifying dilution streams or to categorize regulated processes. These inspections may consist of monitoring waste streams, inspection of the premises, inspection and/or copying of production records, pretreatment operating records and other records or data deemed necessary by the Inspector for the purposes stated above.
      (2)   The installation, operation and maintenance of the sampling facilities shall be the responsibility of the owner discharging the wastes and shall be subject to the approval of the Superintendent. Access to the sampling facilities shall be granted, at all times, to the Superintendent.
      (3)   Where an owner’s operations have security measures in force which require proper identification and clearance before entry onto said owner’s property is granted, such owner or owners shall make the necessary arrangements with their security personnel that upon showing of proper identification personnel from the town shall be permitted to enter without delay for the purpose of observing or monitoring of wastes being discharged at a given point or points or that owner or owners shall install suitable control manholes outside of the security area or areas, which at all times will be immediately available to town personnel.
(Prior Code, Title V, Ch. II, Art. II, § 22)
   (B)   Laboratory procedures used in the examination of industrial wastes shall be those set forth in Standard Methods or Guidelines Establishing Test Procedures for Analysis or Pollutants, as set forth in 40 C.F.R. part 136.
      (1)   Charges to users. Alternate methods for certain analysis of industrial wastes may be used subject to mutual agreement between the Superintendent and the user. In the event of a dispute between the Superintendent and the user as to the characteristics, strength, toxic nature or other particulars of the sample taken and analyzed by the town, either party may request that the sample in dispute be analyzed by a mutually acceptable referee whose charges shall be paid by the party requesting the analysis. Costs of analysis made by the town at the request of the user shall be charged to the user according to the utility’s standard work order billing procedures. All such analysis shall be binding in determining strength-of-character and concentration of wastes.
      (2)   Charges to governmental agencies. Analysis run by the Water Pollution Control Plant Laboratory for any governmental agency, or political subdivision of a town, county or state shall be billed to such agency or subdivision for direct labor and expenses according to the utility’s standard work order billing procedure. Analyses run for other agencies shall not have priority unless the judgment of the Superintendent and the urgency of the analysis should have such priority.
      (3)   Charges collected. All waste analysis charges collected under divisions (B)(1) and (B)(2) above shall be recorded as credits to the operating costs of the water pollution control plant and a quarterly accounting thereof shall be forwarded to the Superintendent. All such charges are to be used to defray the operations and maintenance expenses incurred by the water pollution control plant in performing said analysis.
(Prior Code, Title V, Ch. II, Art. II, § 23)
   (C)   Until an adequate analysis of a representative sample of user’s wastes has been obtained, the town may for the purpose of this chapter make a determination of the character and concentration of the wastes by using data based on analysis of similar processes or data for the same type of business that are available from the United States Environmental Protection Agency or from industry-recognized authoritative sources. This method, if selected by the town, shall continue at the town’s pleasure or until an adequate analysis has been made.
(Prior Code, Title V, Ch. II, Art. II, § 24)
(Ord. 14, 1992, passed - -1992)