San Leandro Municipal Code Art. 7 Monitoring and Inspection

(Legislative History: Ordinance No. 2014-020, 11/17/14)

The collection of samples of wastewater for the measurement of constituents controlled by Sections 3-14-300 through 3-14-310 of this Chapter shall be at the combined facility discharge. Monitoring locations for the collection of samples of wastewater for the measurement of constituents controlled by National Pretreatment Standards are specified in the applicable Federal point source category Part in 40 CFR and may be at the discharge of the regulated process, or after pretreatment of Federally regulated process flows.

Where self-monitoring is required, such monitoring shall be provided by the user at the user's expense, and analyzed using approved methods in a laboratory certified by the State to perform such analyses. Significant industrial users that are required to submit periodic self-monitoring reports shall report the results of all monitoring of regulated pollutants at the designated sampling point.

If self-monitoring performed by a user indicates a violation, the user shall notify the Manager 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 Manager within 30 days after becoming aware of the violation. The user is not required to resample if the City monitors at the user's facility at least once per month provided the monitoring includes the pollutant in violation, or if the City performs a compliance monitoring sampling event between the time of the user's initial sampling and when the results of this sampling were received, or if the user requests that the City perform a violation follow-up sample event and analysis to determine current compliance status. Monitoring shall comply with the requirements in 40 CFR 403.

The Manager 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 City 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 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 City's requirements and all applicable construction standards and specifications. Construction shall be completed within 90 days following written notification by the City that such monitoring facilities are required, unless a time extension is granted by the City.

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

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

The City may inspect the facilities of any user to ascertain whether these regulations are being complied with. 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 property 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.

The user shall retain all records for three 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 centralized waste treatment facility, or when requested by the POTW, the Manager or the Regional Administrator. Records shall be available for inspection and copying.

Whenever deemed necessary by the Manager, the owner of any private premises shall, at his or her own expense, provide treatment or take such other measures, as shall be required in order to reduce objectionable characteristics, content, or rate of discharge of waters or wastes being deposited in the sanitary sewer system so that the same may be received therein without any damage to the sewer system or any undue interference with its operation.

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." Alternate test procedures may be approved for limited use pursuant to 40 CFR 136.5, and other test procedures may be specified as described at 40 CFR 401.13.