Brentwood Municipal Code Art. 9 Monitoring and Inspection

Any user may be required to provide wastewater sampling and/or monitoring results or to submit to monitoring by the director to assist the director in establishing the appropriate class of the user and/or to evaluate compliance with the standards and requirements of this chapter.

A. Classification Sampling. All industrial users may be required to sample and analyze their waste stream(s) to determine the appropriate class of the user. Classification sampling shall be at the director's request. The number and type of samples and pollutants analyzed shall be as specified by the director in order to adequately characterize the user's wastewater discharge(s).

B. Baseline Sampling. All Class A and Class B industrial users shall sample and analyze their regulated waste stream(s) for the BMR as specified in Section 13.04.605(F). Samples shall be analyzed for those pollutants regulated under the applicable pretreatment requirement or as otherwise required by the director.

C. Periodic Compliance Sampling. All Class A and Class B industrial users shall sample and analyze their regulated waste stream(s) to evaluate compliance with the user's permit or permit contract. Periodic compliance monitoring shall be conducted annually unless specified more frequently in the user's permit or permit contract or in the applicable Federal Categorical Pretreatment Standard. If required, Class C industrial users shall sample and analyze their regulated waste stream(s) to evaluate compliance with the user's permit.

1. Samples shall be analyzed for those pollutants regulated under the applicable pretreatment requirement or as otherwise required by the director.

2. Industrial users subject to a Federal Categorical Pretreatment Standard may request to forgo monitoring for constituents with a Federal Categorical Pretreatment Standard provided that the requirements of 40 CFR 403.12(e)(2) are met.

3. For industrial users not subject to Federal Categorical Pretreatment Standards, the director shall specify the constituents to be monitored in the user's permit or permit contract. This may exclude parameters subject to the standard specifications for wastewater discharge that are not expected to be present in the process discharge at levels of concern, and may include constituents that are not specified in the standard specifications for wastewater discharge.

D. Confirmation Sampling. Whenever sampling results indicate that the user's regulated waste stream(s) is in violation of any pretreatment requirement, the user shall collect a second sample to assess the degree of violation. For the second sample, the user need only analyze for the pollutant(s) found to be in violation. The user shall provide the director with the results from the confirmation sampling within thirty days of the date the violation was discovered.

E. Sampling and Evaluation Program. If confirmation sampling indicates a second violation, the director may initiate a sampling and evaluation program (SEP). The SEP will be conducted by the director and may include collection of three to five samples. The SEP will establish whether there is continued noncompliance by the user. Samples collected during the SEP may be analyzed for other pollutants in addition to the pollutant(s) in violation.

(Ord. 941 § 2, 2015)

The collection of samples of wastewater for the measurement of constituents controlled by Sections 13.04.300 through 13.04.315 shall be at the combined facility discharge. The collection of samples of wastewater for the measurement of constituents controlled by Federal Pretreatment Standards are specified in the applicable Federal Regulation and may be at the discharge of the regulated process, or after pretreatment of federally regulated process flows, and prior to the addition of diluting waters.

(Ord. 941 § 2, 2015)

Where self-monitoring is required, such monitoring shall be provided by the user at the user's expense, using an Environmental Laboratory Accreditation Program (ELAP) certified laboratory approved by the director to perform said analysis.

(Ord. 941 § 2, 2015)

The director may require the user to construct, at the user's own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer or internal drainage systems and may also require sampling or metering equipment to be provided, installed, and operated at the user's expense. The monitoring facility should be situated on the user's premises, but the director may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public right-of-way area and located so that it will not be obstructed by landscaping or parked vehicles.

In the event that a monitoring facility is allowed to be constructed in the public right-of-way, the user and its successors or assigns shall indemnify, hold harmless and defend the city against any claim, cause of action, disability, loss, liability, damage, cost or expense, which in any way arises out of the monitoring facility, or its use.

If the monitoring facility is inside the user's secured premises, there shall be accommodations to allow access for city personnel, such as a gate secured with a city lock. There shall be ample room in or near such monitoring facilities to allow accurate sampling. The monitoring facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the director's requirements and all applicable construction standards and specifications. Construction shall be completed within ninety days following written notification by the director that such monitoring facilities are required, unless a time extension is granted by the director.

In the event that the installation of a monitoring facility is not practical, the director may approve an alternative point for sampling, monitoring or inspection.

The director may require the user to upgrade or modify an existing monitoring facility.

(Ord. 941 § 2, 2015)

The city may inspect the facilities of any user to ascertain compliance with these regulations. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purpose of inspection or sampling in the performance of any of their duties. The city shall have the right to set up on the user's premises such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force that would require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security personnel. Upon presentation of suitable identification, personnel from the city will be permitted to enter without delay for the purpose of performing their specific responsibilities.

(Ord. 941 § 2, 2015)

The user shall retain all records for five years resulting from all sampling or monitoring performed for analyses of regulated contaminants. This period of retention shall be extended during the course of any unresolved litigation regarding the user or the wastewater treatment facility, or when requested by the POTW or the director. Records shall be available for inspection and copying.

(Ord. 941 § 2, 2015)

All sampling and analysis required under this chapter or the Act or in conjunction with a pretreatment permit shall be conducted using appropriate methods and procedures as outlined in 40 CFR Part 136 entitled, "Guidelines Establishing Test Procedures for the Analysis of Pollutants." Under certain circumstances, 40 CFR Section 136.5 (see also 40 CFR Part 401.13) alternate test procedures may be used provided such procedures have been previously approved by the EPA Regional Administrator of the region in which the discharge will occur and provided the Executive Officer of the California Regional Water Quality Control Board does not object to the use of such alternate test procedure.

(Ord. 941 § 2, 2015)