Legal Documents of Newport

Monitoring facilities. All users who propose to discharge wastewater with constituents and characteristics different from normal domestic wastewater shall be required to install a monitoring facility. Monitoring facility shall be a manhole or other suitable facility approved by the general manager.

When, in the judgment of the general manager, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the general manager may require that separate monitoring facilities be installed for each separate source of discharge.

Monitoring facilities that are required to be installed shall be constructed and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewater produced by a user. If sampling or metering equipment is also required by the general manager, it shall be provided and installed at the user's expense. However, such sampling and metering equipment shall be required only after sampling and metering by the general manager establishes the existence of significant variations in concentrations or constituents of the user's discharge. Monitoring facility operation maintenance, sampling, and testing performed by the general manager shall be at the user's expense. Wastewater samples will be made available to the industry if requested.

The monitoring facility will normally be required to be located on the user's premises outside of the building. The general manager may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street right-of-way with the approval of the public agency having jurisdiction of that right-of-way and located so that it will not be obstructed by landscaping or parked vehicles.

If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and immediate access for the board's personnel.

Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the board's requirements and all applicable local agency construction standards and specifications. When, in the judgment of the general manager, an existing user requires monitoring facility, the user will be so notified in writing. Construction must be completed within one hundred eighty (180) days following written notification unless an extension is granted by the general manager.

Reports. Any industrial user subject to a pretreatment standard, in accordance with the provisions of this ordinance, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencing the discharge into the POTW, shall submit to the general manager during the months of June and December, unless required more frequently in the pretreatment standard or by the general manager, a report indicating the nature and concentration of pollutants in the effluent which are limited to such pretreatment standards. In addition, this report shall include a record by all daily flows which during the reporting period exceeded the average daily flow. At the discretion of the general manager and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc. the general manager may agree to alter the months during which the above reports are to be submitted.

The general manager may impose mass limitations on industrial users who are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by the above paragraph shall indicate mass of pollutants regulated by pretreatment standards in the effluent of the industrial user.

The reports required in this section shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration of production and mass limits where requested by the general manager of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the Environmental Protection Agency under the provisions of section 304(h) of the Act [33 USC 1314 (h)] and contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the Environmental Protection Agency, or the board.

Maintenance of records. Any industrial user subject to the reporting requirements established by this section shall maintain records of all information resulting from any monitoring activities required by this section. Such records shall include for all samples:

1. The date, exact place, method, and time of sampling and the names of persons taking the samples;
2. The dates analyses were performed;
3. Who performed the analyses;
4. The analytical techniques/methods used; and
5. The results of such analyses.

Any industrial user subject to the reporting requirement established in this section shall be required to retain for a minimum of three (3) years any records of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the general manager, or his representative, Director of the Division of Water Quality Control Tennessee Department of Environment and Conservation, or the Environmental Protection Agency. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or when requested by the general manager, the director, or the Environmental Protection Agency.