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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.
(a) Except as indicated in subsections (b) and (c) of this Section, the user must collect wastewater samples using 24 hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Director. Where time proportional composite sampling or grab sampling is authorized by the County, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate OEPA guidance, multiple grab samples collected during a 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 compositing procedures as documented in approved OEPA methodologies may be authorized by the County, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(c) For sampling required in support of baseline monitoring and 90 day compliance reports required in Sections 925.24 and 925.26 of this Chapter [40 C.F.R. Sections 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 do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required by paragraphs Section 925.27 of this Chapter [40 C.F.R. Sections 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.
(Ord. 2008-375. Adopted 9-29-08.)
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.
(Ord. 2008-375. Adopted 9-29-08.)
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 BMPs established under Section 925.04(f) of this Chapter. 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 County, or where the user has been specifically notified of a longer retention period by the Director.
(Ord. 2008-375. Adopted 9-29-08.)
(a) Certification of Permit Applications, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with Section 925.14 of this Chapter; users submitting baseline monitoring reports under Section 925.24(b)(5) of this Chapter (See, 40 C.F.R. Section 403.12 (l)); users submitting reports on compliance with the categorical pretreatment standard deadlines under Section 925.26 of this Chapter (See, 40 C.F.R. Section 403.12(d)); Users submitting periodic compliance reports required by Section 925.27(a) through (d) of this Chapter (See, 40 C.F.R. Sections 403.12(e) and (h)); and Users submitting an initial request to forego sampling of a pollutant on the basis of Section 925.27(b)(4) of this Chapter (See, 40 C.F.R. Section 403.12(e)(2)(iii)). The following certification statement must be signed by an authorized representative as defined in Section 920.02(a)(5):
“I certify under penalty of law that this document and all attachments were prepared under my direction or 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 submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(b) Annual Certification for Non-Significant Industrial Users. A facility determined to be a NSIU by the Director pursuant to Sections 920.02(a)(89) and 925.15(c) of this Chapter (See, 40 C.F.R. Section 403.3(v)(2)) must annually submit the following certification statement signed by an authorized or duly authorized representative of the user as defined by Section 920.02(a)(5) of this Chapter. (See, 40 C.F.R. Section 403.120(l)). This certification must accompany an alternative report required by the Director:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 C.F.R. Section ________, I certify that, to the best of my knowledge and belief that during the period from _______ , ________to ________ , __________ [months, days, year]:
(a) The facility described as ______________________ [facility name] met the definition of a non-significant industrial user as defined by Section 920.02 (a)(89) of the Codified Ordinances of the County of Summit.
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information:
(c) Certification of Pollutants Not Present. Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 C.F.R. Section ____________[specify applicable national pretreatment standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _______________[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Section 925.28(a) of the Codified Ordinances of the County of Summit.
(Ord. 2008-375. Adopted 9-29-08.)
(a) The Director or his designee shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this Chapter and any individual wastewater discharge permit or order issued hereunder. Users shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(b) Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(c) The Director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(d) The Director may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the user.
(f) Unreasonable delays in allowing the Director access to the user's premises (in excess of fifteen (15) minutes) shall be a violation of this Section and subject the user to prescribed penalties.
(Ord. 2008-375. Adopted 9-29-08.)
lf the Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the County designed to verify compliance with this Chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the Director may seek through the County Prosecutor the issuance of a search warrant from the County of Summit Court of Common Pleas.
(Ord. 2008-375. Adopted 9-29-08.)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits and monitoring programs, and from the Director's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable Ohio law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data, as defined at 40 C.F.R. Section 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.
(Ord. 2008-375. Adopted 9-29-08.)
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