§ 53.161 COMPLIANCE MONITORING.
   (A)   Inspection.
      (1)   The city shall be allowed to inspect any facilities, equipment, practices, or operations which are associated with the industrial users discharge into the POTW to ascertain whether the purpose of this chapter, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. The city shall be allowed to have access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. All records must be kept in accordance with the conditions of the users discharge permit.
      (2)   Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification personnel from the city, state, and/or EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
      (3)   The city shall conduct a minimum of one inspection per year at each permitted SIU.
   (B)   Retention of records. Permitted industrial users shall retain and make available for copying, all records and information required to be retained under this chapter. These records shall be retained at their premises for a period of at least three years from the date such samples were taken. The Pretreatment Department will maintain records of all information resulting from any monitoring activities required by 40 CFR Part 403 including documentation associated with Best Management Practices (BMP). Record keeping requirements outlined in 40 CFR 403.12 (o)(l-3) must be followed.
   (C)   Sampling.
      (1)   The pretreatment department is authorized to require representative samples of wastewater discharges from Industrial Users as often as necessary to adequately monitor and control their discharge. In the event the pretreatment department requires such samples, a user shall retain the services of a reputable commercial laboratory and pay all costs of sample collection and laboratory services to determine and report the wastewater characteristics.
      (2)   The city shall sample and analyze the effluent from significant industrial users at least once a year. Samples may be randomly collected at users' facilities by the city or its authorized representative. Any sample collected by the city or its authorized representative that indicates a violation must be sampled again within thirty days. The cost of such sampling and laboratory analyses shall be paid by the industrial users.
      (3)   All handling and preservation of collected samples and laboratory analyses of samples shall be performed in accordance with 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other persons approved by the EPA.
      (4)   Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the pretreatment department and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
      (5)   Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this chapter.
   (D)   Determination of noncompliance. The city may use a grab sample(s) to determine noncompliance with pretreatment standards.
(Ord. 17-1121, passed 11-21-2017)