932.07 CLASS III - INDUSTRIAL DISCHARGES.
   (a)    Information Requirements.
      (1)    All Class III dischargers shall file with the City wastewater information deemed necessary by the Manager for determination of compliance with this chapter, the City NPDES permit conditions, and State and Federal law sections 40 CFR 403.8 and 40 CFR 403.14. Such information shall be provided by completion of a questionnaire designed and supplied by the Manager and by supplements thereto as may be necessary. Information requested in the questionnaire and designated by the discharger as confidential is subject to the conditions of confidentiality as set out in subsection (a)(3) hereof. This section requires new or existing industries with significant increases in discharge (volume and strength) to submit information on wastewater characteristics and obtain prior approval for discharges.
      (2)    Where a person owns, operates or occupies properties designated as a Class III discharger at more than one location, separate information submittals shall be made for each location as may be required by the Manager.
      (3)    Under provision 40 CFR 2, the Manager shall implement measures to ensure the confidentiality of information provided by a Class III discharger pursuant to this chapter. In no event shall the Manager delegate this responsibility or disclose any claimed confidential information to any person without prior notice in writing to the owner and without providing the owner with the opportunity to protect such confidential information, including the right to seek judicial relief.
   (b)    Provision for Monitoring.
      (1)    Pursuant to 40 CFR 403.12 when required by the Manager, the owner of any property serviced by a building sewer carrying Class III wastewater discharges shall provide suitable access including monitoring manholes and such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastewater. Such access shall be provided and maintained at the owner's expense so as to be safe and accessible at reasonable times.
      (2)    The Manager shall consider such factors as the volume and strength of discharge, rate of discharge, quantities of toxic materials in the discharge (Section 307(a)(1) Federal Clean Water Act), wastewater treatment facility removal capabilities, and cost effectiveness in determining whether or not access and equipment for monitoring Class III wastewater discharges I shall be required.
      (3)    Where the Manager determines access and equipment for monitoring or measuring Class III wastewater discharges is not practicable, reliable or cost effective, the Manager may specify alternative methods of determining the characteristics of the wastewaters discharge which will, in the Manager's judgment, provide an equitable measurement of such characteristics.
   (c)    Determination of Wastewater Characteristics.
      (1)    Measurements, tests and analyses of the characteristics of wastewater to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association or such alternate methods approved by the Manager and which comply with State and Federal law (40 CFR Part 136). Sampling methods, locations, times, durations and frequencies are to be determined on an individual basis subject to approval by the Manager. The discharger shall have the option to use, at his own expense, more complete sampling methods, locations, times, durations and frequencies than specified by the Manager.
      (2)    Measurements, tests and analyses of the characteristics of wastewater required by this chapter shall be performed by a qualified laboratory. When such analyses are required of a discharger, the discharger may, in lieu of using the City's laboratory, make arrangement with any qualified laboratory, including that of the discharger, to perform such analyses;
      (3)    Pursuant to 40 CFR 403.12 monitoring of wastewater characteristics necessary for determination of compliance with applicable pretreatment standards shall be conducted on the basis of the following schedule, unless more frequent monitoring is required by authority other than this chapter, or if the Manager, in his judgment, determines that the characteristics of the specific discharge warrant a different frequency monitoring:
 
Average Actual
Daily Use Discharge
Monitoring Frequency
Less than 100,000 gpd
Semi-annually
100,000 - 999,999 gpd
Quarterly
More than 999,999 gpd
Monthly
      (4)   Monitoring of wastewater characteristics for any purpose other than the determination of compliance with pretreatment standards shall be conducted on a frequency deemed necessary by the Manager.
      (5)   Upon demonstration by any person that the characteristics of the wastewater discharged by that person are consistent, the Manager may reduce the frequency as may be required by authority other than this chapter, except in no case shall the frequency of monitoring be less than semi-annual for the determination of compliance with pretreatment standards.
      (6)   In determining the discharge characteristics factors such as continuous or batch operation, and seasonal operation and the information requirements of other provisions of this chapter shall be considered by the Manager. The Manager may obtain wastewater samples as required to verify the consistency of discharge characteristics.
      (7)   Fees for any given measurement, test or analysis of wastewater required by this chapter and performed by the City shall be the same for all classes of dischargers, regardless of the quantity or quality of the discharge and shall reflect only direct cost. Costs of analysis performed by an independent laboratory at the option of the discharger shall be borne directly by the discharger.
   (d)   Costs of Damage. If the drainage or discharge from any establishment causes a deposit, obstruction or damage to any of the City's wastewater facilities, the Manager shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, and supervision shall be borne by the person causing such deposit, obstruction or damage.
(Ord. 1463-90. Passed 5-29-90.)