8-13-8-5: VERIFICATION OF LABORATORY ANALYSIS:
The User may request that the Village provide a split sample to the user to verify laboratory analysis accuracy. The user may not make this request more than once a year. Samples shall be analyzed by the Village or their designated analysis laboratory (the "Village Sample") and by a Village-approved state-certified laboratory employed by the user (the "Industry Sample"). The user shall pay for all laboratory analysis costs.
No action need be taken unless the result for a parameter of the industry sample is different from the Village sample in an amount equal to at least twenty five percent (25%). Where the industry sample and Village sample differ by an amount equal to at least twenty five percent (25%), the burden is on the user to prove that all preservation, chain-of-custody, analytical, and QA/QC methods were followed. If the user cannot prove the proper methods were followed, no further verifications shall be made. If it is determined the user followed the proper methods, then the Village shall review the methods used for the Village sample.
If it is determined both parties have followed the proper methods, the Village may choose to accept the validity of the results provided by their designated laboratory or agree to terms with the user for further verifications.
Alternatively, if it is determined the Village did not follow the proper methods an additional split sample analysis shall be conducted using the procedures described above. The Village and user shall be responsible for the costs associated with analysis of their respective sample. If the results of this split sample differ by an amount equal to at least twenty five percent (25%) and it is determined the Village and user followed the proper methods, a resolution shall be agreed upon that is acceptable to both parties. (Ord. 701, 12-8-2020)