(A) The Water and Sewer Commission shall inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Commission or its representative 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) Any industrial user or user subject to the reporting requirements established in this section shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section). This period of retention shall be extended during the course of any unsolved litigation regarding the industrial user or POTW, or other state or federal enforcement agency.
(C) The Commission, approval authority, and EPA shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements for their security guards so that upon presentation of suitable identification, personnel from the Commission, approval authority, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(D) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. The Commission shall indicate the frequency of monitoring necessary to assess and assure compliance by the user with applicable pretreatment standards and requirements, as found in the User’s Wastewater Contribution permit, or through required demand monitoring, if necessary.
(1) Except as indicates in subsection (D)(2) and (D)(3) below, 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 Manager, or Director of Wastewater Operations. Where time-proportional composite sampling or grab sampling is authorized by the Commission, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in CFR Part 136 and appropriate EPA guidance, and when approved, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the composting procedures as documented in approved EPA methodologies may be authorized by the Commission as appropriate. In addition, grab sample may be required to show compliance with instantaneous limits.
(2) Samples for oil and grease, temperature, pH, Cyanide, Total Phenols, Sulfides, and Volatile Organic Compounds must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and ninety (90) day compliance reports required under § 31.081 (40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data are available, the Manager, or Director of Wastewater Operations may authorize a lower minimum. For the reports required by § 31.087 (40 CFR 403.12(e) and 403.12(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.
(E) Date of receipts of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed postage prepaid into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(F) Recordkeeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under § 31.087(A). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. this period shall be automatically extended for the duration of any litigation concerning the User or the Commission, or where the User has been specifically notified of a longer retention period by the Manager, or Director of Wastewater Operations.
(G) Certification of permit applications user reports and initial monitoring waiver. The following certification statement is required to be submitted by Users submitting permit applications, Users submitting baseline monitoring reports, Users submitting compliance reports with the catagorical pretreatment standard deadlines, Users submitting periodic compliance reports, and Users submitting an initial request to forego sampling of a pollutant. The following certification statement must be signed by an authorized representative:
I certify under penalty of law that this document and all attachments were prepared under my supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that here are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(Ord. - -, passed 6-7-84; Am. Ord. 91-07-18, passed 7-18-91; Am. Ord. 2011-11-03, passed 11-3-11)