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PART D. |
INSPECTIONS AND REPORTS, SAMPLING AND ANALYSIS. |
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Section 1.
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Required Inspections. |
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(a) |
If plans and specifications are required to be submitted by these
regulations to the Environmental Department as part of a permit
application, authorization or approval, the Environmental Department may
inspect the premises prior to, during or after the start of operations
as well as during construction to determine compliance with the approved
plans and specifications and with any other requirements. |
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(b) |
In addition to the authority provided in (a) of this section, the
Environmental Department may inspect a food service facility required
under this Code to install or operate a grease interceptor at any time
to determine compliance with the grease management requirements of this Code. |
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Section 2.
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Access and Right of Entry. Representatives of the Environmental Department,
the Unified Wastewater Districts, the Kansas Department of Health and Environment (KDHE),
and the Environmental Protection Agency (EPA), upon showing proper identification, shall
have the right to timely enter to inspect or re-inspect the premises of any user who may
be subject to the requirements of this Code to determine compliance with approved plans
and specifications and with any other requirements. Users required to obtain industrial
wastewater discharge permits, special wastewater discharge authorizations, or grease
interceptor operating permits, shall allow authorized representatives of the
Environmental Department, the Unified Wastewater Districts, or their
designated agents, the KDHE, and the EPA access to all premises for the
purpose of inspecting, sampling, examining records or copying records in
the performance of their duties. Authorized representatives of the Environmental
Department, the Unified Wastewater Districts or their designated agents, the KDHE,
and the EPA shall have the right to place on the user's property such devices as are
necessary to conduct sampling and monitoring. Where a user has security or safety
measures in force which would require clearance, training, or wearing of
special protective gear, the user shall make necessary arrangements at
its own expense to enable authorized representatives of the Environmental Department,
the Unified Wastewater Districts, the KDHE and the EPA to enter and inspect the premises
as guaranteed by this paragraph. |
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Section 3.
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Reporting Requirements. |
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(a) |
Signatory and Certification Requirements for Industrial Users. All reports
required by this section must be signed by the applicable person: |
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(1) |
If the industrial user is a corporation, then the signature shall be by a
responsible corporate officer. A responsible corporate officer means a
president, secretary, treasurer, or vice-president of the corporation in
charge of the principal business function, or any other person who performs
similar policy or decision-making functions for the corporation; or the
manager of one or more manufacturing, production, or operation facilities
employing more than two hundred fifty (250) persons or having gross annual
sales or expenditures exceeding Twenty Five Million Dollars ($25,000,000) if
authority to sign documents has been assigned or delegated to the
manager according to corporate procedures. |
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(2) |
If the industrial user submitting the reports is a partnership or sole
proprietorship respectively, then the signature shall be by a general
partner or proprietor |
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(3) |
If the industrial user is a federal, state, or local governmental facility,
then the signature shall be by a director or highest official appointed
or designated to oversee the operation and performance of the activities
of the government facility. |
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(4) |
The individuals described in (1) through (3), above, may designate a duly
authorized representative. The authorization must be made in writing by one
of the individuals mentioned above. The authorization must specify either an
individual or a position having responsibility for the overall operation of the
facility from which the industrial discharge originates, such as the position of
plant manager, or a position of equivalent responsibility, or having overall
responsibility for the company's environmental matters. Written authorization
must be submitted to the Environmental Department. If an authorization is no longer
accurate because a different individual or position has responsibility for the overall
operation of the facility, a new authorization must be submitted to the Environmental
Department prior to or together with any reports to be signed by the authorized
representative. |
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(b) |
Certification Statement. All industrial user reports must contain the following
certification statement: |
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"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 violations." |
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(c) |
Hazardous Waste Discharge Notification. |
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(1) |
If the Director has approved an exception to discharge hazardous waste
under the provisions of Article 4.A.2(c), then the industrial user shall
notify the POTW, the EPA Regional Waste Management Division Director,
and State hazardous waste authorities, in writing, of any discharge into
the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 C.F.R. § 261. Such notification must include the
name of the hazardous waste as set forth in 40 C.F.R. § 261, the EPA hazardous
waste number, and the type of discharge (continuous, batch, or other).
If the industrial user discharges more than one hundred kilograms (100 Kg) of such
waste per calendar month to the POTW, the notification also shall contain the
following information to the extent such information is known and
readily available to the industrial user, an identification of the
hazardous constituents contained in the wastes, an estimation of the
mass and concentration of such constituents in the waste stream
discharged during that calendar month, and an estimation of the mass of
constituents in the waste stream expected to be discharged during the
following twelve (12) months. All notifications must take place no later than
one hundred and eighty (180) days after the discharge commences. Any notification
under this paragraph need be submitted only once for each hazardous waste discharged
upon written authorization. The notification requirement in this section does not
apply to pollutants already reported by users subject to categorical pretreatment
standards under the self-monitoring requirements of this Code. |
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(2) |
Dischargers are exempt from the requirements of Paragraph (1), above, during a
calendar month in which they discharge no more than fifteen kilograms
(15 Kg) of hazardous wastes, unless the wastes are acute hazardous
wastes as specified in 40 C.F.R. § 261.30(d) and 261.33(e). Discharge of
more than fifteen kilograms (15 Kg) of non-acute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes as specified
in 40 C.F.R. § 261.30(d) and 261.33(e), requires a one-time notification.
Subsequent months during which the industrial user discharges more than such
quantities of any hazardous waste do not require additional notification. |
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(3) |
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the industrial user must notify the
Director, the EPA Regional Waste Management Waste Division Director, and
State hazardous waste authorities of the discharge of such substance
within ninety (90) days of the effective date of such regulations. |
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(4) |
In the case of any notification made under this section, the industrial
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical. |
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(5) |
The provisions in Article 4.D.3(c) do not create a right to discharge any
substance not otherwise permitted to be discharged by this Code, a
permit issued thereunder, or any applicable federal or state law. |
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Section 4.
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Reports. |
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(a) |
Baseline Monitoring Report (BMR). Within one hundred eighty
(180) days after the effective date of a categorical pretreatment standard
or one hundred eighty (180) days after the Environmental Department decision
made upon a category determination submitted under 40 C.F.R. § 403.6(a)(4)
guidelines, whichever is later, existing industrial users subject to such
categorical pretreatment standards and currently discharging to or scheduled
to discharge to a POTW shall be required to submit to the Environmental Department
a report on a form provided by the Environmental Department and containing
the information listed in (1) through (8) below. Where reports containing this
information already have been submitted to the Director in compliance with the
requirement of 40 C.F.R. § 128.140(b), the industrial user will not be required
to submit this information again. At least ninety (90) days prior to
commencement of discharge, new sources, and sources that become categorical
industrial users subsequent to the promulgation of an applicable categorical
pretreatment standard, shall submit a report to the Environmental Department
on a form provided by the Environmental Department and which contains the
information listed in (1) through (8) below. The information required in
these reports shall include, but not be limited to the following: |
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(1) |
Identifying Information. The name and address of the facility,
including the name of the operator and owner, including the address of the
operator and/or owner if different from the facility address. |
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(2) |
Environmental Permits. A list of any environmental control permits
held by or for the facility. |
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(3) |
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 industrial user. This description should include a schematic process diagram,
which indicates points of discharge to the POTW from the regulated processes. |
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(4) |
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 40 C.F.R. § 403.6(e). |
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(5) |
Measurement of Pollutants. |
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(i) |
The categorical pretreatment standards applicable to each regulated process. |
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(ii) |
The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the
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 and shall be analyzed in accordance with
procedures set out in Article 4.D.6 of this Code. |
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(iii) |
Sampling must be performed in accordance with procedures set out in
Article 4.D.6 of this Code. |
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(6) |
Certification. A statement, reviewed by the industrial 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 (O&M) and/or additional
pretreatment is required to meet the pretreatment standards and requirements. |
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(7) |
Compliance Schedule. If additional pretreatment and/or O&M will
be required to meet the pretreatment standards, the shortest schedule by which the
industrial user will provide such additional pretreatment and/or O&M. The
completion date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A compliance schedule pursuant
to this section must meet the requirements set out in Article 4.D.4(d) of this Code. |
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(8) |
Signature and Certification. All baseline monitoring reports must be
signed and certified in accordance with Article 4.D.3 of this Code. New sources
shall also be required to include in this report information on the method of
pretreatment the source intends to use to meet applicable pretreatment standards. |
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(b) |
90-Day Compliance Reports. |
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(1) |
Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards or in the case of a new source
following commencement of the introduction of wastewater into the POTW,
any industrial user subject to pretreatment standards and requirements
shall submit a report on a form provided by the Environmental
Department. |
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(2) |
For industrial users subject to equivalent mass or concentration limits
established by the Environmental Department in accordance with the
procedures in 40 C.F.R. § 403.6(c), the report shall contain a
reasonable measure of the industrial user’s long term production rate.
For all other industrial users subjected to categorical
pretreatment standards expressed in terms of allowable pollutant
discharge per unit of production (or other measure of operation) the
report shall include the user’s actual production during appropriate
sampling period. |
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(c) |
Self-Monitoring Report (SMR). |
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(1) |
All permitted industrial users 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. Self-monitoring reports must be signed and certified
in accordance with Article 4.D.3 of this Code on a form provided by the
Environmental Department. |
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(2) |
All wastewater samples must be representative of the industrial 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 an industrial 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. |
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(3) |
If an industrial user subject to the reporting requirement in this section
monitors any pollutant more frequently than required by the Director
using the procedures prescribed in Article 4.D.6 of this Code, the
results of this monitoring shall be included in the report. |
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(4) |
Where the Environmental Department has imposed mass limitations on industrial
users as provided for in 40 C.F.R. § 403.6(d), the report required by
this section shall indicate the mass of pollutants regulated by
pretreatment standards in the discharge from the industrial user. |
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(d) |
Compliance Schedule. |
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(1) |
If additional pretreatment is required to meet the pretreatment standards,
the completion date for this schedule shall not be later than the
compliance date established for the applicable pretreatment standard. |
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(2) |
The following conditions shall apply to the compliance schedule: |
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(i) |
The schedule shall contain increments of progress 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
industrial user to meet the applicable categorical pretreatment
standards (e.g., hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components,
commencing construction, completing construction, etc.) |
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(ii) |
No increment referred to in the above paragraph shall exceed nine (9) months. |
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(iii) |
Not later than fourteen (14) days following each date in the schedule and
the final date for compliance, the industrial user shall submit a
progress report to the Environmental Department including, at a minimum,
whether or not it complied with the increment of progress to be met on
such date and, if not, the date on which it expects to comply with this
increment of progress, the reason for delay, and the steps being taken b
the industrial user to return the construction to the schedule
established. In no event shall more than nine (9) months elapse between
such progress reports to the Environmental Department. |
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(e) |
Engineering Report. Any engineering report required must be
prepared by a professional engineer licensed to practice in the state of
Kansas by the State Board of Technical Professions. |
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(f) |
Notice of Potential Problems, Including Slug Loading. All
categorical and non-categorical industrial users shall notify the
Environmental Department and Unified Wastewater Districts immediately of
all discharges that could cause problems to the POTW by violating the
prohibited discharge standards defined in Article 4.C.2 or any permit
issued under this Code, and of any and all slug loadings, as defined by
this Code and/or 40 C.F.R. § 403.5(b). |
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(g) |
Reports of Changed Operational Conditions. Any planned
significant changes to the industrial user's operations or system which
might alter the nature, quality, volume, or rate of its wastewater must
be approved by the Director at least thirty (30) days prior to the change. |
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(1) |
The Director may require the industrial user to submit such information as
may be deemed necessary to evaluate the changed condition, including the
submission of an industrial wastewater discharge permit application. |
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(2) |
The Director may issue an industrial wastewater discharge permit under this
Code or modify an existing industrial wastewater discharge permit under
this Code in response to changed conditions or anticipated changed
conditions. |
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(h) |
Reports of Changed Discharge Conditions. |
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(1) |
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge, or a slug load, that may cause potential
problems for the POTW, the industrial user shall immediately telephone
and notify the Environmental Department and Unified Wastewater Districts
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 industrial user. |
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(2) |
Within five (5) days following such discharge, the industrial user shall,
unless waived by the Director, in writing, submit a detailed written
report describing the cause(s) of the discharge and the measures taken
or to be taken by the industrial user to prevent similar future
occurrences. Such notification shall not relieve the industrial user of
any liability for any damage to person, property, or natural resources;
nor shall such notification relieve the industrial user of any fines,
penalties, or other liability, which may be imposed pursuant to this Code. |
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(3) |
A notice shall be permanently posted on the industrial user's bulletin
board or other prominent place advising employees whom to call in the
event of a discharge described in Paragraph (1), above. Employers shall
ensure that all employees, who may cause such a discharge to occur, are
advised of the emergency notification procedure. |
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(i) |
Reports from Unpermitted Users. All users not required to
obtain an industrial wastewater discharge permit shall provide appropriate
reports to the Director as the Director may require. |
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(j) |
Notice of Violation/Repeat Sampling and Reporting. A permitted
industrial user must notify the Director within twenty-four (24) hours of becoming
aware of a discharge violation. The industrial user shall also repeat the sampling
and analysis and submit the results of the repeat analysis to the Director within
thirty (30) days after becoming aware of the violation. The industrial user is not
required to re-sample if the Environmental Department monitors at the industrial
user's facility at least once a month, or if the Environmental Department samples
between the industrial user's initial sampling and when the industrial user receives
the results of this sampling or if the industrial user samples at least once per month. |
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Section 5. |
Accidental Discharge/Slug Control Plans. At least once every two (2) years,
the Environmental Department shall evaluate whether each permitted industrial user needs
an accidental discharge/slug control plan. The Environmental Department may
require any industrial user to develop, submit for approval, and implement such a plan.
Alternatively, the Environmental Department may develop such a plan for any industrial
user. An accidental discharge/slug control plan shall address, at a minimum, the following: |
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(a) |
Description of discharge practices, including non-routine batch discharges; |
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(b) |
Description of stored chemicals; |
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(c) |
Procedures for immediately notifying the Environmental Department of slug
discharges, including any discharge that would violate a prohibition
under 40 C.F.R. § 403.5(b), with procedures for follow-up written
notification within five (5) days to the Environmental Department; |
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(d) |
If necessary, procedures to prevent adverse impact from accidental spills,
including inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of
plant site run-off, worker training, building of containment structures
or equipment measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response. |
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Section 6. |
Sample Collection and Analysis. |
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(a) |
General. To ensure compliance with this Code, the Environmental Department may
collect and analyze wastewater samples from industrial users. |
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(b) |
Analysis. All sample analysis performed by or for the industrial user or the
Environmental Department for compliance determination shall be in accordance with the
procedures set out in 40 C.F.R. § 136 unless otherwise specified by the applicable
categorical pretreatment standard, and performed by a laboratory certified by the KDHE
for the required parameters unless an alternative method and/or laboratory is specifically
approved, in writing, by the Director under the provisions of Article 4.A.2(c). In any
event, all industrial users subject to federal categorical standards are not eligible
to seek an alternative method or laboratory. |
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(c) |
Sample Collection. All sample collection performed by or for the
industrial user shall be performed at a point designated by the Environmental
Department. All sample collection shall be representative of normal work cycles and
expected pollutant discharges to the POTW. The sample collection
method shall be designated in the industrial wastewater discharge permit. |
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(d) |
Sampling for Oil and Grease. |
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(3) |
Methodology. Oil and grease samples for non-categorical industrial users
shall be collected utilizing time composite methodology (either manual or automatic)
unless otherwise specified by the Director. Equal sample volumes shall be collected
at equivalent time intervals at a rate of one (1) per two (2) hours for the appropriate
daily operational period. Unless otherwise specified, analysis for oil and grease shall be
done in accordance with 40 C.F.R. § 136.
The sample volume collected per two (2) hour interval must be such that the
sum total collected during the daily operational period shall fall within a range 750
to 1,500 mL. |
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(e) |
Equipment Maintenance. All sample collection equipment shall be regularly
cleaned and, where applicable, maintained and calibrated per manufacturer's recommendation
in order to assure collection of representative samples. |
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(f) |
Flow Monitoring. Flow measuring systems shall be provided when,
in the opinion of the Director, they are necessary for adequately characterizing the
wastewater flow and/or pollutant loading. All systems shall be easily accessible
and non-hazardous for maintenance, inspection, and sampling. The systems shall be
inter-connective with Environmental Department samplers and shall be maintained per
manufacturer's recommendations. The design, location, and type of system shall be
approved by the Director. |
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(g) |
Cost. All costs and fees associated with an industrial user's self-monitoring
activities shall be borne by the user. |
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Section 7. |
Records Retention. All industrial users shall retain and preserve for
not less than three (3) years, any records, books, documents, memoranda, reports, and
correspondence relating to monitoring, sampling, and chemical analysis of its discharge.
All food service facilities with grease interceptors shall retain and preserve for not
less than three (3) years, any information required in the grease interceptor binder
provided for in Part E of this Article. All records which pertain to matters, which are
the subject of enforcement, or litigation activities brought by or against the County
shall be retained and preserved by the industrial user or food service facility until
all enforcement activities have concluded and all periods of limitation with respect to
any appeals have expired. |
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Section 8. |
Confidential Information. |
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(a) |
Information and data on an industrial user or food service facility obtained from
reports, questionnaires and inspections shall be available to the public or any
governmental agency without restriction unless the industrial user or food service
facility 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 trade secrets of the industrial
user or food service facility. |
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(b) |
When requested by the person furnishing a report, and until the information
is determined not to be confidential, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for
inspection by the public but shall be made available to any state or federal
government agencies for uses related to this resolution. However, such portions
of a report shall be immediately available for use by the County in proceedings
involving the industrial user or food service facility furnishing the report. |
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(c) |
In no case shall wastewater constituents and characteristics be recognized
as confidential information. |
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