924.16 MONITORING.
   (a)   The City shall inspect the monitoring facilities of any Discharger to determine compliance with the requirements of this chapter.
   (b)   The City may require an IU to install flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary.
   (c)   The Discharger whose wastes are being tested by the City shall promptly reimburse the City for the taking of samples, the per diem rate in effect at that time for each day, or part thereof, that such samples are taken. The fee for analyzing such samples shall be reimbursed in accordance with the actual cost of analysis, at the time.
   (d)   All sampling and analyses shall be performed in accordance with the procedures maintained in 40 CFR Part 136 and amendments thereto. However, alternate methods for certain analyses of industrial wastes may be used subject to mutual agreement between the City and the Industrial User.
   (e)   Determination of the character and concentration of the industrial wastes performed by a Discharger in compliance with self-monitoring obligations shall be made by a qualified person or a certified testing laboratory.
   (f)   Samples shall be representative of daily operations.
   (g)   Sampling Locations.
      (1)   All Industrial Users that have been issued an industrial waste discharge permit must sample at the sampling location specified in the permit.
      (2)   If the wastewater is regulated by Categorical Pretreatment Standards and is treated by a pretreatment facility, sampling should be taken immediately downstream from pretreatment facilities.
      (3)   If the wastewater is regulated by Categorical Pretreatment Standards and is not treated by a pretreatment facility, sampling should be taken immediately downstream from the regulated process.
      (4)   If the wastewaters regulated by Categorical Pretreatment Standards mix with other waste streams prior to pretreatment, the Categorical Industrial User should measure the flows and concentrations necessary from a location(s) which allows the use of the combined waste stream formula in 40 CFR 403.6(e).
   (h)   Sample Type.
      (1)   Grab Samples.
         A.   For the following pollutants, the Grab Collection Method shall be used: pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide and volatile organics;
         B.   Multiple Grab Samples Procedures using protocols (including appropriate preservation) specified in 40 C.F.R. 136 and appropriate U.S. EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows:
            1.   The following pollutants may be composited in the field or in the laboratory: hexavalent chromium, total phenols and sulfides.
            2.   The following pollutants may be composited in the laboratory: volatile organics and oil and grease.
         C.   The number of grab samples required:
            1.   Where the Discharger does not have historical sampling data, a minimum of four (4) grab samples is required.
            2.   If historical sampling data is available, the City may authorize a requirement for fewer grab samples.
      (2)   Composite Samples.
         A.   For all pollutants not listed in Section 924.16(h)(1)A., twenty-four (24) hour composite samples shall be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples shall be representative of the discharge and the decision to allow the alternative sampling shall be documented by the City.
   (i)   Monitoring Violations:
      (1)   If sampling performed by an Industrial User indicates a violation, the Industrial User shall notify the Director within twenty-four (24) hours of becoming aware of the violation. The Industrial User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. The Industrial User is not required to resample if:
         A.   The Director or his/her authorized representative, samples the wastewater discharge of the Industrial User at least once per month; or,
         B.   The Director or his/her authorized representative, samples the wastewater discharge of the Industrial User between the time when the Industrial User performs its initial sampling and the time when the Industrial User receives the results of this sampling.
      (2)   If sampling performed by the City indicates a violation, the City shall perform or require the Industrial User to perform repeat sampling and analysis within thirty (30) days of becoming aware of the violation.
   (j)   Monitoring Waivers.
      (1)   The City may authorize an Industrial User subject to a Categorical Pretreatment Standard to forego sampling of a pollutant regulated by a Categorical Pretreatment Standard if the Industrial User had demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the pollution due to activities of the Industrial User [40 CFR 403.12(e)(2).] This authorization is subject to the following conditions:
         A.   The waiver may not be authorized to a Centralized Waste Treatment facilities regulated by and defined in 40 CFR 437.
         B.   The waiver may be authorized where a pollutant is determined to be present solely due to sanitary wastewater discharge from the facility provided that the sanitary wastewater is not regulated by an applicable Categorical Pretreatment Standard and otherwise included no process wastewater.         
      C.   The monitoring waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but no in case longer than five (5) years. The Categorical Industrial User must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
         D.   Any granting of the monitoring waiver by the Director must be included as a condition in the Categorical Industrial User’s permit. The reasons supporting the waiver and any information submitted by the Categorical Industrial User in its request for the waiver must be maintained by the Director for three (3) years after expiration of the waiver.
         E.   Upon approval of the monitoring waiver and revision of the Categorical Industrial User’s permit by the Director, the Categorical Industrial User must certify on each report with the statement found at Section 924.14(c)(4)A., that there has been no increase in the pollutant in its waste stream due to activities of the Industrial User.
         F.   In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the Categorical Industrial User’s operations, the Categorical Industrial User must immediately comply with the monitoring requirements, or other more frequent monitoring requirements imposed by the Director and notify the Director.
         G.   This provision does not supersede certification processes and requirements established in Categorical Pretreatment Standards, except as otherwise specified in the Categorical Pretreatment Standard. (Ord. 12966/2020. Passed 10-14-20.)