Monitoring, Sampling and Reporting

(1) Monitoring Devices. When required by the Authority, any Person who directly or indirectly discharges Wastewater to the Authority Sewerage System shall install at his expense suitable control or measuring devices and such manholes, chambers, meters (e.g., flow, pH), and other appurtenances, necessary for the observation, sampling and measurement of Waste, Pollutants, and/or water being discharged. Such control or measuring devices and manholes, chambers, or meters and other appurtenances shall be installed at a safe location acceptable to the Authority, shall be accessible to the Authority's staff and monitoring equipment, and where required by the Authority, shall be compatible with the Authority's monitoring equipment. The control or measuring devices and related appurtenances shall be designed and constructed according to applicable engineering standards and shall be properly maintained and calibrated so as to ensure accurate measurement. The Authority may require that the control or measuring devices and related appurtenances be subject to Authority approval. (2) Sampling, Analysis, and Reporting Procedures. (a) All measurements, tests, and analyses of the characteristics of Wastewater that are required by 360 CMR 10.000 or any permit or order issued thereunder shall be conducted according to applicable EPA approved procedures in 40 CFR Part 136, unless otherwise authorized or required by the Authority or EPA. If there is no applicable EPA approved procedure, the Authority may specify a procedure to be used. (b) Any sample analysis required by 360 CMR 10.000 or any permit or order issued thereunder shall be performed by an independent laboratory with DEP certification or NELAP accreditation for the parameters being analyzed. The use of a laboratory with provisional DEP certification is prohibited for the parameters for which it has provisional certification, unless the Authority determines that the factors resulting in the provisional certification should not adversely affect the quality of the analyses the laboratory may submit. A sample analysis performed by a laboratory without DEP certification or NELAP accreditation for the parameter may be submitted with the approval of the Authority. The Authority may grant such approval where DEP does not certify and NELAP does not accredit for the parameter to be analyzed, there is no DEP certified or NELAP accredited laboratory in Massachusetts or an adjoining state that performs the required test method, or in other extraordinary circumstances. The Authority may require a Person to submit a copy of the "Massachusetts Certification for Chemical Analysis of Waters" or the NELAP Certification of Accreditation, whichever is applicable, for each laboratory that performs an analysis submitted to the Authority by or on behalf of the Person. The Authority may limit the laboratories a Person may use for any report required by the Authority. The Authority may specify the quality assurance/quality control methods to be performed by a laboratory for any report required by the Authority. (c) The sampling required by the Authority shall be performed by a DEP certified or NELAP accredited independent laboratory unless otherwise specified or approved by the Authority. The Authority may by permit or order require sample collection to be performed by specified personnel at specified location(s). (d) The Authority may require a Person to submit Blind Performance Evaluation samples for analysis, along with its required samples, to the laboratory the Person uses. (e) The Authority may require a Person to submit a complete data package, including chain of custody records, raw data, and quality assurance/quality control related results, with a report required by the Authority. (f) The Authority may require that reports be submitted to it on paper copy, and/or by electronic means. (g) The Authority may require that analytical data and reports, including a complete data package, be submitted to it directly by the laboratory that performed the analyses. (3) All persons discharging either directly or indirectly to the Authority Sewerage System shall comply with all applicable reporting requirements of EPA regulations including, without limitation, 40 CFR 403.12. (4) All reports and documents required to be submitted to the Authority by federal regulations, by 360 CMR 10.000, or by a permit, notice, or order shall be submitted as required, shall contain all of the information in the format required by the Authority, and shall be received by the Authority, and by any other Person specified by the Authority to receive the report or document, no later than the due date. If the Authority determines that a report or document is insufficient, incomplete, inadequate, or late, the Authority may: (a) require the submittal of additional or revised reports or documents; and (b) take enforcement action pursuant to 360 CMR 2.00: Enforcement and Administrative Penalties. (5) Report Containing an Elevated Detection Limit. (a) For purposes of 360 CMR 10.008(4), an elevated detection limit means a detection limit above a parameter's discharge limit (as set by 360 CMR 10.000 or by any permit or order issued thereunder), generally caused by interference or another factor that prevented the laboratory from quantifying a parameter at or below the discharge limit for that parameter. For any parameter that is prohibited from being discharged, an elevated detection limit shall be a detection limit that is greater than the method detection limit for that parameter. (b) Any report of a sample analysis required to be submitted to the Authority under 360 CMR 10.000, or any permit or order issued thereunder, that contains an elevated detection limit for a parameter shall be considered an incomplete report. Within 15 days of receiving a report containing an elevated detection limit, the Person required to submit the report to the Authority shall resample the wastestream, analyze the sample for the parameters that had the elevated detection limit, and submit the report of the analysis to the Authority. Where the report of resampling again contains an elevated detection limit for the same parameter as the previous report, the Person shall, with the report of resampling, submit a report to the Authority explaining why the laboratory has been unable to obtain a lower detection limit and containing a time schedule to correct the problem. The report shall be subject to modification by the Authority. There shall be a presumption that the parameter with an elevated detection limit is in violation of the discharge limits. The presumption will be overcome if the Person corrects the problem causing the elevated detection level, according to the time schedule in its report, and the Person's sample results are then in compliance.