§ 82-343. Sampling, analysis and monitoring.

Unless expressly provided otherwise for a particular industrial user by a wastewater discharge permit or order issued in pursuant to this division, all significant industrial users and any other user as required by the POTW shall sample, monitor and analyze their discharges to the POTW according to the following minimum requirements:

(a)

Sampling and analysis techniques and procedures. All sampling, measurements, tests, and analyses of the characteristics of discharges to the POTW shall be performed in accordance with the procedures approved by the U.S. EPA contained in 40 CFR Part 136. If the superintendent determines that these sampling and analytical techniques are not available or do not apply to the discharge or pollutants in question, sampling and analysis shall be performed using validated sampling and analytical methods and procedures approved by the approval authority.

(b)

Sampling frequency. Users shall sample their discharges to the POTW at a frequency necessary to assess and assure compliance with the requirements of this division, any permit or ORDER issued pursuant to this division, all applicable pretreatment standards and requirements, other applicable state and federal laws and regulations, or as otherwise determined necessary by the superintendent consistent with the purposes and intent of this division.

(c)

Appraisal of sampling methods, equipment and location required. Users shall submit a written description of the specific sampling method, sampling equipment, and sampling location to the superintendent for approval by the superintendent. Users discharging as of the effective date of this division shall obtain approval within 90 days of that effective date. For new sources, approval shall be obtained prior to commencement of the discharge.

(d)

Costs of sampling and analysis. Samples shall be taken and analyzed at the sole cost of the user.

(e)

Self-monitoring. Except otherwise provided by this division, self-monitoring shall be conducted by each user to insure compliance with all applicable requirements of this division and other applicable laws and regulations. A user performing its own sampling shall submit the samples for analysis to a laboratory (which may include the user's own laboratory) approved by the POTW. If the user uses its own laboratory for the analysis, the user shall send a split sample to an independent laboratory at least quarterly as a quality control check. If a user performs its own sampling and analysis, the POTW may also take and cause to be analyzed composite samples or grab samples at the sole cost of the user. A user performing its own sampling shall record the date when a sample is taken, start time, stop time, sample location, sampler programming information, and persons involved in the sampling. If sampling performed by a user indicates a violation, the user shall notify the superintendent within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the POTW within 30 days after becoming aware of the violation, except that the user shall not be required to resample if:

(1)

The city performs sampling at the user at a frequency of at least once per month; or

(2)

The city performs sampling at the user between the time when the user performs initial sampling and the time when the user receives the results of the sampling which indicates the violation.

(f)

Sampling and analysis performed by POTW. The sampling and analysis is required by this division may be performed by the POTW in lieu of the user, as determined necessary by the superintendent. The city shall provide the user with copies of analytical results prepared by the POTW. (If the results of any sampling and analysis performed by the POTW instead of the user show that a pretreatment standard has been violated, the POTW shall provide the user with copies of the analytical results within ten days after the results are available.) If the POTW performs the required sampling and analysis for a user, the user shall pay a sampling fee to the POTW to fully reimburse the city for the sampling, including administrative and overhead costs. The POTW may contract with an independent firm to perform the sampling and analysis are the user shall fully reimburse the city for amounts paid by the POTW to the firm.

(g)

Split sampling. If requested, the POTW shall be provided with splits of any sample taken by a user. In cases of disputes arising over split samples, the portion taken and analyzed by the POTW shall be controlling unless proven invalid.

(h)

Maintenance, repair and calibration of equipment. A user who is performing self-monitoring, or the city if performing sampling and monitoring in lieu of a user, shall contract with an independent company to maintain, repair, and calibrate the sampling and flow measurement equipment and instruments used to monitor the user. The maintenance, repair, and calibration shall be performed as often as necessary to ensure that monitoring data is accurate and representative. The city, in any event, may inspect and test a user's flow meters at reasonable times.

(i)

Required sampling structures and devices. The POTW may require any user to install at each discharge point a suitable control structure (such as a manhole or sampling vault) and necessary measuring and sampling devices to facilitate the observation, sampling, and measurement of the quantity, composition, and concentrations of discharges to the POTW. The complexity of the required control structure or devices may vary with sampling requirements determined necessary by the superintendent to protect the POTW and to comply with applicable laws and regulations.

(1)

The required structures and devices shall be constructed and installed at the user's expense in accordance with plans submitted to the superintendent, and in compliance with all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city, or within such other shorter or longer time specified by the superintendent as required by the particular circumstances to meet the requirements of this division. The structures and devices shall be maintained by the user at the user's expense so as to be safe and accessible to POTW personnel during all reasonable times and so as to provide accurate and representative monitoring data. If a user fails to install or maintain a required structure or device, the city may do so at the expense of the user.

(2)

The structures and devices should be located on the user's premises, but the city may, if the city determines that such a location would be impractical or cause undue hardship to the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(3)

Samples shall be taken at the control structure. In the absence of a suitable control structure as required by this section, samples shall not be taken immediately downstream from pretreatment facilities if pretreatment facilities exist, or immediately downstream from the regulated process if no pretreatment facilities exist.

(Ord. No. 346, § 2, 4-22-02)