Monitoring, control facilities for sampling and observation of industrial and commercial wastes/flow monitoring and repeat monitoring.
Memphis Code of Ordinances § 13-24-47
in effectSec. 13-24-47. - Monitoring, control facilities for sampling and observation of industrial and commercial wastes/flow monitoring and repeat monitoring.
A. Installation of control facility. When required by the control authority, the owner or operator of any industrial, commercial property, any new or expanded development (including developments discharging only domestic flow), or facility serviced by a sewer, shall install a suitable control facility for sampling together with such necessary equipment, which could include: meters, instruments, refrigerated samplers, connections such as contact closures or flowmeter output to drive flow-proportional composite sampler, digital read-outs, data-loggers, recorders, and other appurtenances, in the sewer to facilitate observation, sampling, measurement, and recording of the wastes and discharge and/or domestic flows.
B. Monitoring manhole and related provisions. Unless otherwise required by the city and/or federal or State regulations, all regulated and permitted non-domestic waste from the property or facility shall be discharged through the control facility or facilities, as applicable, after any pretreatment of the waste. Unless otherwise required by the city, those industries with a permitted average daily maximum BOD 5 or TSS of 10,000 pounds per day or greater and/or with a permitted average daily maximum discharge flow of 700,000 gallons per day or greater and/or as deemed necessary by the control authority to monitor other permitted pollutants shall install a monitoring manhole. The facility, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the control authority. The facility shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Plans for such facilities for the installation of control and related equipment must be reviewed and/or approved by the control authority before construction is begun.
C. Calibration. The user shall ensure that all monitoring, analytical, and sampling equipment used to monitor flow or analyze pollutants discharged under a permit are periodically calibrated and maintained at intervals which ensure the accuracy and reliability of measurements, and when required by the control authority, the user shall provide written documentation and certification of the calibrations.
D. Flow monitoring maintenance and calibration logs. When the measurement or reporting of discharge flow is required, appropriate effluent flow measurement devices and methods consistent with accepted scientific and engineering practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The City of Memphis may require that the entire flow measuring system be designed, stamped, signed, constructed, and installed under the direct supervision of a Tennessee State Licensed Professional Engineer. The devices shall be installed, calibrated, and maintained to ensure that the accuracy and reliability of the measurements are consistent with the accepted capabilities of the device and in accordance with the device manufacturer. The flow measuring devices shall be capable of measuring flows with a maximum deviation of less than plus or minus five percent from the true discharge rates throughout the range of expected discharge flows (i.e., from the highest peak flow to the minimum flow) using no less than three calibration points, unless otherwise approved by the control authority. The flow measuring device shall be calibrated and maintained at the expense of the permittee as often as recommended by the device manufacturer or at least annually, whichever is more frequent. The city, subject to its discretion, may require a user to have a qualified third-party undertaking calibration. If the flow measuring device can be tested and certified to prove accuracy of ± five percent, then recalibration is not required. Calibration reports and/or verification reports shall be submitted as required by the city. The permittee shall maintain written maintenance and calibration logs for the flow measuring device, which will include at least the following information:
1. Name of permittee's facility;
2. Name, signature, and affiliation of person(s) performing maintenance and/or calibration;
3. Device type, manufacturer, model, and serial number;
4. Date and time of maintenance and/or calibration;
5. Description of maintenance and/or calibration;
6. Whether the maintenance and/or calibration was routine or due to problem with device, with brief explanation;
7. Whether or not it was likely that the device was producing accurate flow readings before maintenance and/or calibration, with brief explanation; and
8. Whether and/or not it is likely that the device is producing accurate flow readings after maintenance or calibration, with brief explanation.
E. Flow monitor calibration report. The permittee shall submit a flow measuring device calibration certification letter to the control authority within 30 days, or such alternative time established by the control authority, of initial permitted sewer discharge and all subsequent letters before June 30 th every year thereafter. Any user first subject to this requirement shall submit the certification June 30 th of every year it discharges. If required by the City of Memphis, each of these letters must be certified by either: (i) the manufacturer that calibrated the meter or (ii) both a Tennessee State Licensed Professional Engineer and a responsible corporate officer. The flow measuring device calibration reports shall include at least the following information:
1. Name of permittee's facility;
2. Location and ID of the device;
3. Device type, manufacture, model, serial number, and size;
4. Total range capacity of the device;
5. Maximum range used at the facility;
6. Minimum of three calibration points evenly spaced within the maximum range used at the facility to determine accuracy of the device (e.g., 0%, 25%, 50%, 75% and 100%; 4 mA, 8 mA, 12 mA, 16 mA and 20 mA; or 0 GPM, 200 GPM, 400 GPM, 600 GPM and 800 GPM when the maximum range is 800 GPM);
7. Final accuracy of device at each of the calibration points used;
8. Date of calibration;
9. Name of person performing the calibration; and,
10. Name and signature of certifying Tennessee State Licensed Professional Engineer (if required) or other appropriate third-party approved by the control authority.
F. Monitoring instrumentation calibration and maintenance. Instrumentation used for self-monitoring (e.g., pH monitoring) shall be calibrated and maintained at least as often as recommended by the manufacturer and shall be calibrated and maintained more frequently when necessary to maintain instrument reading accuracy and reliability within acceptable error limits based upon the manufacturer's specifications. The permittee shall maintain a maintenance and calibration log for each instrument, which would include at least the following information:
1. Name of permittee facility;
2. Name, signature, and affiliation of person(s) performing maintenance and/or calibration;
3. Instrument type, manufacturer, model, and serial number;
4. Date and time of maintenance and/or calibration;
5. Description of maintenance and/or calibration;
6. Whether the maintenance and/or calibration was routine or due to problem with the instrument, with brief explanation;
7. Whether or not it was likely that the instrument was producing accurate readings before maintenance and/or calibration, with brief explanation; and
8. Whether or not it is likely that the instrument is producing accurate readings after maintenance and/or calibration, with brief explanation.
G. Repeat monitoring. If sampling performed by an industrial user indicates a violation, the industrial user shall notify the control authority within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city within 30 days after becoming aware of the violation (or sooner if so directed by the control authority or its designee). Repeat sampling within 30 days of a violation under this section need not be undertaken if the control authority undertakes sampling and indicates in writing to the industrial user that such repeat sampling is not required.
H. Toxicity testing/toxicity reduction evaluation. The user shall undertake effluent toxicity testing as required by the authority, using the test procedures and methodology specified by the authority. In the event toxicity is indicated, the user shall undertake a toxic reduction evaluation and take steps to reduce toxicity, as required by the City of Memphis and/or the control authority.
(Ord. No. 5793, §§ 3, 5, 8-17-2021)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT13PUSE_CH13-24PR_ART3DIPUSASE_S13-24-47MOCOFASAOBINCOWAFLMOREMOFetched: 10/28/2026