Corning Municipal Code Art. III Sewer Use Regulations

Sewer use regulations are as set out in Article III.

(Ord. 541 (part), 1993).

It is unlawful to discharge within the city any wastewater or polluted waters into any storm drain or natural outlet or channel. All sewage, waste and wastewater shall be discharged to the sewerage system except as hereinafter provided.

(Ord. 541 (part), 1993).

All discharges to the sewerage system shall comply with the regulations set forth in this chapter.

(Ord. 541 (part), 1993).

A. General Prohibitions. No industrial user shall intro-duce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state or local pretreat-ment standards or requirements.

B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances or wastewater:

1. Pollutants which may create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hun-dred forty degrees Fahrenheit (sixty degrees Celsius) using the test methods specified in CFR 40 261.21;

2. Wastewater having a pH less than six or more than nine, or which otherwise may cause corrosive structural damage to the POTW or equipment;

3. Solid or viscous substances in amounts which may cause obstruction of the flow in the POTW resulting in interference;

4. Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, may cause interference with the POTW;

5. Wastewater having a temperature greater than one hundred fifty degrees Fahrenheit, or may inhibit biological activity in the treatment plant resulting in inter-ference, but in no case wastewater which may cause the temperature at the introduction into the treatment plant to exceed one hundred four degrees Fahrenheit (forty degrees Celsius);

6. Petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin, in amounts that may cause interference or pass through or greater in concentration than one hundred mg/l;

7. Pollutants which may result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems;

8. Truck or hauled pollutants;

9. Noxious or malodorous liquids, gases, solids or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;

10. Wastewater which may impart color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's efflu-ent, thereby violating the city of Corning's NPDES permit;

11. Sludges, screenings or other residues from the pretreatment of industrial wastes;

12. Medical wastes, except as specifically authorized by the director in a wastewater discharge permit;

13. Wastewater which may cause, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test;

14. Detergents, surface-active agents or other substances which may cause excessive foaming in the POTW;

15. Fats, oils or greases of animal or vegetable origin in concentrations greater than two hundred mg/l.

(Ord. 541 (part), 1993).

No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, sub-surface drainage or yard drainage into any pipe which is directly or indirectly connected to the sewerage system.

(Ord. 541 (part), 1993).

The use of diluting waters is prohibited. No user shall ever increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge.

(Ord. 541 (part), 1993).

Unpolluted water, including but not limited to cooling water, process water or blowdown from cooling tow-ers or evaporative coolers, shall not be discharged through direct or indirect connections to a city sewer unless a permit is issued by the city. The city may approve the discharge of such water only when no reasonable alternative method of disposal is available. If a permit is granted for the discharge of such water into a city sewer, the user shall pay the applicable user charges and fees and shall meet such other conditions as required by the director.

(Ord. 541 (part), 1993).

It shall be unlawful to discharge, cause to be discharged, or permit to be discharged any radioactive waste into the sewerage system except as provided in this section:

A. Persons authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials may discharge, cause to be discharged or permit to be discharged such wastes, provided that such wastes are discharged in strict conformance with the current California radiation control regulations, federal regulations and recommendations for safe disposal of such wastes as they now exist or may hereafter be amended; and

B. The person so acting does so in compliance with all applicable rules and regulations of the city and all other regulatory agencies; and

C. The person so acting must have a permit to do so from the director.

(Ord. 541 (part), 1993).

Hazardous wastes as defined in CFR 40 Part 261 shall not be discharged into the sewerage system.

(Ord. 541 (part), 1993).

Waste from garbage grinders shall not be discharged into the sewerage system except:

A. Wastes generated in preparation of food normally consumed on the premises, such as in a home or restaurant, including fast food restaurants;

B. In other cases where the user has obtained a special permit for that specific use from the director, and agrees to undertake whatever self-monitoring is required to enable the director to equitably determine the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the sewerage system, with no particle greater than one-half inch (1.27 centimeters). Garbage grinders shall not be used for grinding plastic, paper products, inert materials, garden refuse or other waste products resulting from the handling, storage and sale of fruits and vegetables in wholesale and retail produce establishments, or wastes from plants engaged in the preparation, processing or preserving of foods not intended primarily for immediate consumption. Such discharge shall not cause the city to violate water quality requirements imposed on it by state or federal regulatory agencies.

(Ord. 541 (part), 1993).

Liquid wastes that have been collected and held in tanks or containers shall not be discharged into the sewer-age system, unless first approved in writing by the director, and unless payment of processing charges has been made. Wastes of this category include but are not limited to:

A. Septic tank pumpings;

B. Chemical toilet wastes;

C. Pleasure boat wastes;

D. Industrial wastes collected in containers or tanks;

E. Oils and greases;

F. Any other material not classified as domestic waste, including chemicals and other materials stored on the premises of the user which might directly or indirectly enter the sewerage system, accidentally or otherwise.

(Ord. 541 (part), 1993).

Constituents and allowable concentrations are listed on "Exhibit A" to this chapter.

(Ord. 541 (part), 1993).

The categorical pretreatment standards found at CFR 40 Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.

A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the director may impose equivalent concentration or mass limits in accordance with CFR 40 403.6(c).

B. When wastewater subject a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit using the combined waste stream formula in CFR 40 403.6(e).

C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provision in CFR 40 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when develop-ing the categorical pretreatment standard.

D. A user may obtain a net gross adjustment to a categorical standard in accordance with CFR 40 403.15.

(Ord. 541 (part), 1993).

No person shall discharge any substances directly into a man-hole or similar opening in a city sewer; all such discharges shall be through an approved building sewer.

(Ord. 541 (part), 1993).

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any person or industrial concern whereby any water or waste of unusual strength or character or composition that does not violate the general pretreatment regulations (Code of Federal Regulations 40 Part 403) may be accepted by the city for treatment. Such agreements may be allowed when in the opinion of the director compelling circumstances warrant an exception. In the event that any such special agreement or arrangement shall involve additional or extraordinary expense to the city, such person will be required to reimburse the city therefore, and to post with the city a payment bond or other such financial guarantee as shall be acceptable to the city.

(Ord. 541 (part), 1993).

A. Each user shall provide protection from accidental discharge of prohibited materials or of other wastes regulated by this chapter. Those facilities which may be necessary to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing both the facilities and the operating procedures which will provide this protection shall be submitted to the director for review, and shall be approved by the director before construction of the facility.

B. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this chapter.

(Ord. 541 (part), 1993).

At least once every two years, the director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The director may require any user to develop, submit for approval and implement such a plan. Alternatively, the director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:

A. Description of discharge practices, including nonroutine batch discharges;

B. Description of stored chemicals;

C. Procedures for immediately notifying the director of any accidental or slug discharge, as required by Section 13.04.252 of this chapter; and

D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials loading and unloading operations, control of plant site runoff, worker training, building of containment structure or equipment, measures for containing toxic organic pollutants, including solvents, and/or measure and equipment for emergency response.

(Ord. 541 (part), 1993).

A. Users shall notify the director and city's wastewater treatment facility operator by telephone immediately upon accidentally discharging wastes in violation of this chap-ter to enable countermeasures to be taken by the city to minimize damage to the sewerage system and the receiving waters. If neither the director nor the wastewater treat-ment facility operator can be reached by telephone, the person responsible for the discharge shall contact the police department.

B. This notification shall be followed, within four days of the date of occurrence, by a detailed written statement describing the causes, volume and nature of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sewerage system, or for any fines imposed on the city on account thereof by any regulatory agencies.

(Ord. 541 (part), 1993).

A notice shall be furnished and permanently posted on the bulletin board of each commercial and industrial user advising employees whom to contact in case of an accidental discharge in violation of this chapter.

(Ord. 541 (part), 1993).

The director will require that any person discharging wastewater into the sewerage system file a periodic discharge report. The discharge report may include, but need not be limited to nature of process, volume of discharge, rates of flow, mass emission rate, production quantities, hours of operation, number and classification of employees, or other information which relates to the generation of waste, including wastewater constituents and characteristics in the wastewater discharge. Such reports may also include the chemical constituents and quantity of liquid or gaseous materials stored on-site even though they may not normally be discharged, or any chemicals or raw materials not in liquid or gaseous form which are stored on the premises and could reach city's sewerage system by accidental spillage or washdown of spillage. Specific reporting requirements will be listed in the user's wastewater discharge permit and the requirements set forth in Section 13.04.297 of this chapter.

(Ord. 541 (part), 1993).

To the extent authorized by applicable state of California and/or federal statutes and regulations:

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs, and from the director's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests and is able to demon-strate to the satisfaction of the director, that the release of such information would divulge information, pro-cesses or method of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret process shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by CFR 40 2.302 will not be recognized as confidential information and will be available to the public without restriction.

(Ord. 541 (part), 1993).

Whenever deemed necessary by the director a user shall, at his own expense, provide such treatment or take such other measures as shall be required in order to make any wastes acceptable as provided under this chapter. In the event pretreatment or special facilities are required, the user shall submit to the director or his representative detailed plans showing the pretreatment facilities and the operation procedures. Such plans shall be reviewed and approved by the city before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying with the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation affecting the effluent shall be reported to and approved by the city.

(Ord. 541 (part), 1993).

All industrial users proposing to connect to or to discharge into the sewerage system must obtain a wastewater discharge permit and pay applicable city fees or charges before connecting to or discharging into a city sewer. All existing industrial users connected to or discharging into the sewerage system must apply for a wastewater discharge permit within thirty days after the effective date of the ordinance codified in this chapter.

(Ord. 541 (part), 1993).

Users seeking a wastewater discharge permit shall complete and file with the city a pretreatment program application in the form prescribed by the director, and shall pay all applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, information which includes that mentioned in Section 13.04.260, as well as the following:

A. Name, address and SIC number of applicant;

B. Analysis of wastewater discharge characteristics and constituents by a laboratory approved by the State Health Department;

C. Name and duration of discharge;

D. Average and fifteen minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

E. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation;

F. Each product produced by type, amount and rate of production;

G. Any other information as may be deemed by the director to be necessary to evaluate the permit application. The city will evaluate the date furnished by the user and may require additional information. After evaluation and approval of the data required, the director may issue a wastewater discharge permit subject to terms and conditions provided in this section.

(Ord. 541 (part), 1993).

Wastewater discharge permits shall be expressly subject to all provisions of this chapter and to all other regulations, user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the director in accordance with this chapter and with applicable state and federal regulations. In addition to other provisions authorized in this chapter, permits shall contain the following provisions.

A. The requirement of separation of industrial wastewater from domestic wastes prior to discharge to the city sewerage system;

B. Additional limitations on average and minimum wastewater constituents and characteristics;

C. Limits on rate and time of discharge or require-ments of flow regulation and equalization;

D. Specifications for monitoring programs which may include sampling locations, frequency and method of sam-pling, number types and standards for tests and reporting schedules;

E. Requirements for maintaining records relating to wastewater discharge as specified by the city, and afford-ing city access thereto;

F. Mean and maximum mass emission rates, or other appropriate limits when incompatible pollutants are pro-posed or present in the user's wastewater discharge;

G. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification state-ment: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing viola-tions";

H. Other conditions as deemed appropriate by the director to insure compliance with this chapter.

(Ord. 541 (part), 1993).

Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a lesser time or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the city during the life of the per-mit, if limitations or requirements as identified in this chapter are modified and changed. The user shall be in-formed of any proposed changes in the permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. 541 (part), 1993).

Wastewater discharge permits are issued to a specific operation. A wastewater discharge permit shall not be reassigned, or transferred or sold to a new owner, new user, different premises, or a new or changed operation.

(Ord. 541 (part), 1993).

Any user who violates the conditions of the wastewater discharge permit or any provisions of this chapter or applicable state and federal regulations, or who is found by the director to be guilty of any of the following violations, is subject to having his permit revoked (see Section 13.04.400);

A. Failure of a user to factually report the wastewater flows, constituents and characteristics of the discharge;

B. Failure of the user to report significant changes in operations or wastewater flows, constituents and characteristics;

C. Refusal to allow the director or his representatives access to user's premises for the purpose of inspection, sampling or monitoring;

D. Nonpayment of fees and charges.

(Ord. 541 (part), 1993).

The city reserves the right to deny a wastewater discharge permit to any industrial or other prospective user of the sewerage system when an application or other evidence reveals that the proposed discharge may injure or damage the sewerage system or cause a violation of federal or state discharge standards, or will cause a public nuisance.

(Ord. 541 (part), 1993).

The director may require a user to construct at his own expense sampling manholes or monitoring facilities to allow inspection, sampling and flow measurement of the building sewer or internal plumbing and drainage systems. He may also require sampling or metering equipment to be provided, installed and operated at the user's expense, and may require a user to provide and operate an independent power supply for such facilities and equipment.

(Ord. 541 (part), 1993).

The monitoring facilities should be situated on the user's premises; however, when such location would be impractical or would cause undue hardship on the user or on the city, the city may allow the sampling facility to be constructed in the public street or right-of-way, assuming that consent for such location is first obtained from the public agency having jurisdiction of such public area. Any sampling facility shall be located so that it will not be obstructed by landscaping or parked vehicles.

(Ord. 541 (part), 1993).

Whether constructed on public or private prop-erty, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable construction standards and specifications. Construction shall be completed within one hundred twenty days following written notification by the director, unless a time extension is granted by the director. There shall be ample room in or near a sampling facility to allow accurate sampling. The manhole, sampling and measuring equip-ment shall be maintained at all times in a safe and proper operating condition, at the expense of the owner.

(Ord. 541 (part), 1993).

A. The director or his representative shall be allowed ready access to a user's premises at all times for the purposes of inspection or sampling, or to otherwise ascertain whether the purposes of this chapter and the users permit are being met and all requirements are being complied with.

B. Where a user has security measures in force which would require proper identification and clearance before entry into the user's premises, the user shall make necessary arrangements with any security guards so that, upon presentation of suitable identification, personnel from the city will be permitted to enter without delay for the purpose of performing their specific responsibilities. If the monitoring facility or sampling manhole is inside an unguarded fence maintained by the user, there shall be accommodations to allow access for city personnel at all times, such as a gate secured with a city lock.

(Ord. 541 (part), 1993).

A. Baseline Monitoring Reports.

1. Within either ninety days after the effective day of a categorical pretreatment standard or the final administrative decision on a category determination under CFR 40 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsection (A)(2) of this section. At least ninety days prior to commencement of their discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standards shall submit to the director a report which contains the information listed in subsection (A)(2) of this section. A new source shall report the method of pretreatment it intends to use, to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

2. User described in subsection 1 of this section shall submit the information set forth below.

a. Identifying Information. The name and address of the facility, including the name of the operator and owner;

b. Environmental Permits. A list of any environmental control permits held by or for the facility;

c. Description of Operations. A brief description of the nature, average rate of production and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

d. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in CFR 40 403.6(e);

e. Measurement of Pollutants.

i. The categorical pretreatment standards applicable to each regulated process,

ii. The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations,

iii. Sampling must be performed in accordance with procedures set out in Section 13.04.297(I) of this chapter;

f. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required to meet the pretreatment standards and requirements;

g. Compliance Schedule. If additional pretreatment and/or 0 and M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or 0 and M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard;

h. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 13.04.282(g) of this chapter.

B. Compliance Schedule Progress Reports. The follow-ing conditions shall apply to the compliance schedule required by Section 13.04.297(A)(2)(g) of this chapter:

1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and begin-ning and conducting routine operation);

2. No increment referred to above shall exceed nine months;

3. The user shall submit a progress report to the director no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the steps being taken by the user to return to the established schedule; and

4. In no event shall more than nine months elapse between such progress reports to the director.

C. Reports on Compliance with Categorical Pretreat-ment Standard Deadline. Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source follow-ing commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report contain-ing the information described in this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in CFR 40 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 13.04.282(g) of this chapter.

D. Periodic Compliance Reports.

1. All major contributing industrial users and Class II dischargers shall, at a frequency determined by the director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 13.04.282(g) of this chapter.

2. All wastewater samples must be representative of the 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 user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

3. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, the results of this monitoring shall be included in the report.

E. Reports of Changed Conditions. Each user must notify the director of any planned significant changes to the user's operations or system which might alter the nature, quality or volume of its wastewater at least ten days before the change.

1. The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 13.04.281 of this chapter.

2. The director may issue a wastewater discharge permit or modify an existing wastewater discharge permit under Section 13.04.283 of this chapter in response to changed conditions or anticipated changed conditions.

F. Reports of Potential Problems.

1. In the case of any discharge, including but not limited to discharges of a nonroutine, episodic nature, a noncustomary batch discharge or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

2. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (F)(1) of this section. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.

G. Reports from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require.

H. Notice of Violation/Repeat Sample and Reporting. If sampling performed by a user indicates a violation, the user must notify the director within twenty-four 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 director within thirty days after becoming aware of the violation. The user is not required to resample if the director monitors at the user's facility at least once a month, or if the director samples between the user's initial sampling and when the user receives the results of this sampling.

I. Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in CFR 40 Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If CFR 40 Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be per-formed in accordance with procedures approved by EPA.

J. Sample Collection.

1. Samples shall be collected as prescribed in the special conditions section of the discharge permit.

2. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.

K. Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

L. Record Keeping. User subject to the reporting requirements of this chapter shall retain, and make avail-able for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of a least three years. This period shall be auto-matically extended for the duration of any litigation con-cerning the user or the city, or where the user has been specifically notified of a longer retention period by the director.

(Ord. 541 (part), 1993).