(A) In addition to any other monitoring requirements imposed by this chapter or state or federal law, the Manager of the Commission or his or her designee may order a user to conduct additional monitoring of the user's wastewater discharge as specified by the Manager or designee. This additional monitoring is also referred to as "demand monitoring". The Commission may notify a user of the requirement of demand monitoring through a Notice of Violation. Administrative Order, or through the terms of the permit. If the Commission's notice of demand monitoring is given through the terms of the permit, the Commission shall give the user at least thirty (30) days advance notice of said demand monitoring. If demand monitoring is imposed through a Notice of Violation or Administrative Order, the notice of demand monitoring shall include the following information:
(1) The date of issuance of the Notice of Violation or Administrative Order;
(2) The name and address of the person, or user to whom the Notice of Violation or Administrative Order is issued;
(3) A brief statement of the additional monitoring required;
(4) A brief statement of the reasons the additional monitoring is required; and
(5) A statement that if the person fails to request a hearing within the time allowed, the person shall be deemed to have waived the right to a hearing to contest the notice of additional monitoring.
(B) The person or user of whom the demand monitoring is required may request a hearing before the Commission to contest the requirement to conduct additional monitoring. If a hearing is not requested within twenty (20) days of the date of Notice of Violation or Administrative Order, the person or user to whom the Notice of Violation or Administrative Order was directed shall be deemed to have waived the right to a hearing. If, following a hearing, the person or user who was directed by the Manager or his or her designee to conduct additional monitoring is not found to be in violation of this chapter or any permit or order issued hereunder, then the Commission shall reimburse the person or user for the laboratory costs of sampling or testing incurred as a result of any additional monitoring carried out pursuant to the Notice of Violation or Administrative Order that was the subject to the hearing.
(C) Notwithstanding a person or a user's request for a hearing pursuant to this section, if a Notice of Violation includes a requirement of demand monitoring, the user must begin demand monitoring within the time requirements set forth in the Notice of Violation or Administrative Order.
(Ord. 2001-12-06, passed 12-6-01)