Article 6
Sec 7.06.011
Monitoring of NonDomestic Wastes

A. When required by the Water Pollution Control Director, any nondomestic user shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Director. The structure shall be installed by the user at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times. The City reserves the right to design and construct a suitable structure and charge to the user the appropriate costs. All devices used by the nondomestic user to measure wastewater flow and quality shall be calibrated periodically as needed to ensure their accuracy.

No statement in this Article restricts the connection of garbage grinders in homes to the sanitary sewer.

B. The Water Pollution Control Director may require a nondomestic user of sewer services to provide information needed to determine compliance with this Article. These requirements may include, but are not limited to the following:

1. Wastewater discharge peak rate and volume over a specified time period.
2. Laboratory analyses of wastewater.
3. Information on raw materials, processed, and products affecting wastewater volume and quality.
4. Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.
5. A plot plan of sewers of the user's property showing sewer and pretreatment facility location.
6. Details of wastewater pretreatment facilities.
7. Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

C. Any measurements, samplings, tests and analyses required by this Article shall be performed at the nondomestic user's own expense. The results must be certified by a qualified professional. Any results submitted by a user which are not certified may be deemed inconclusive for purposes of demonstrating user compliance with the applicable standards.

D. All measurements, tests and analyses, including sampling techniques, of the characteristics of wastewaters to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, as may be amended from time to time, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the Director in accordance with applicable Federal, State, or local regulations.

E. Samples for oil and grease, temperature, pH, cyanide, phenol, sulfide, and volatile organic compounds must be obtained using grab collection techniques. Unless otherwise provided by the Director, composite collection techniques must be used for all other wastewater samples.

F. All wastewater samples must be representative of the nondomestic user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean and maintained in good working order at all times. The failure of a nondomestic user to keep its monitoring facility in good working order shall not be grounds for the nondomestic user to claim that sample results are unrepresentative of its discharge.

G. If a nondomestic user subject to reporting requirements monitors any pollutant more frequently than required by POTW using the procedures prescribed in paragraph "E" of this Section, the results of this monitoring shall be included in the report.

H. Except as otherwise provided by the Director, compliance with local pretreatment standards and requirements shall be determined by sampling representative of the point where wastewater is discharged to the POTW. Compliance with Federal categorical pretreatment standards shall be determined by sampling representative of the discharge from the regulated process, unless otherwise provided in the applicable categorical standard.

I. Monitoring shall be conducted by significant industrial users in accordance with Section 7.06.015, paragraph "D", at least twice a year. The Director may require more frequent monitoring.

J. No statement contained in the Article shall be construed as preventing the Water Pollution Control Director or his/her duly authorized representative from performing any measurement, test or analysis or collecting any sample.

K. The Director may use a grab sample(s) to determine noncompliance with pretreatment standards or other discharge limits.

Sec 7.06.012.
Powers and Authority of Inspectors

A. The Water Pollution Control Director, or any authorized representative, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, records examination and copying, observation, measurements, sampling, and testing pertinent to discharge to the community system, and for repair and maintenance of any portion of the POTW facilities situated on said properties in accordance with the provisions of this Article.

B. Information and data on a user, obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections, shall be available to the public or other governmental agency 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 confidential information according to the criteria set forth in 40 CFR 2.208 and 2.302, as may be amended from time to time.

When requested by the person furnishing a report, the portions of a report which might disclose confidential information shall not be made available for inspection by the public. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the City as confidential shall be made available upon request to any agency meeting the requirements of Section 308 of the Act, including officers, employees or authorized representatives of the United States concerned with carrying out the Act, bound by the confidentiality rules in 40 CFR Part 2, as may be amended from time to time.

C. While performing the necessary work on private properties referred to in Section 7.06.012, paragraph "A", the Water Pollution Control Director or duly authorized representatives shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Director or authorized representatives, and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company by City employees and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 7.06.011, paragraph "A".

D. Unreasonable delays in allowing the Director access to the premises or other interference with the activities of the Director shall be a violation of this Article. Access to user property and/or records may not be refused on the basis that the Director refuses to sign any waiver, access agreement, or similar document.

E. If the Director has been refused access to a building, structure or property or any part thereof, and if the Director has demonstrated probable cause to believe that there may be a violation of this Article or that there is a need to inspect as part of a routine inspection program of the City to verify compliance with this Article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City Counselor, the Municipal Court Judge of the City shall issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Director in the company of a uniformed police officer of the City. In the event of an emergency effecting public health and safety, inspections shall be made without the issuance of a warrant.

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