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Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(A) Except as indicated in subsections (B) and (C), the user must collect wastewater samples using twenty-four (24) hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Director. Where time-proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Director, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.

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

(C) For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in Section 14.08.040 (40 CFR 403.12(b) and (d)), a minimum of four (4) grab samples must be used for pH, total cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Director may authorize a lower minimum. For the reports required by Chapter 14.08 (40 CFR 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(D) The Director shall require the industrial user to provide results of periodic measurements of his discharge which is to include chemical analysis and flow. The Director may require a monitoring facility to be furnished and operated at the industrial user’s expense. All industrial users making periodic measurements shall furnish and install at an appropriate location, calibrated flume, weir, flow meter or similar device suitable to measure flow rate and total volume approved by the Director. In lieu of wastewater flow measurement, the Director may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.

(E) The monitoring facility should normally 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 street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.

(F) 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 local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the Director, unless a time extension is granted by the Director.

(G) Those industrial wastewater dischargers required by the Director to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements as required in the industrial wastewater discharge permit. When required by the Director, dischargers shall install and maintain in proper order automatic analysis and recording equipment.

(H) Persons in charge or occupants of premises where industrial wastewater is generated or discharged shall allow the Director ready access at all reasonable times to all parts of the premises for purpose of sampling or in performance of any other duties. For the purpose of this section, reasonable times shall be any time when a wastewater discharge could be occurring due to active operations. The Director shall have the right to set up on the industrial user’s property such devices as are necessary to conduct sampling or metering operations. Where an industrial user has security measures in force, the industrial user shall make the necessary arrangements with their security guards so that upon presentation of suitable identification, the Director shall be permitted to enter without delay.

(I) All sampling, analysis and flow measurement procedures, equipment, results and records shall be subject at any time to inspection by the Director.

(J) Retention of Records. Any industrial user subject to the reporting requirements in accordance with 40 CFR 403.12(o) shall retain for a minimum of three (3) years, all records of monitoring activities and documentation associated with best management practices. Monitoring 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. The retention period shall be automatically extended for the duration of any litigation concerning compliance with this chapter or where the industrial user has been specifically notified of a longer retention period by the Director. Any records relating to compliance of pretreatment standards shall be made available to officials of the Environmental Protection Agency, the Kansas Department of Health and Environment, and the Director upon request. (Ord. 22-42 § 41, 2022; Ord. 92-22 § 2, 1992; Ord. 84-105 § 1, 1984.)