(A) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the Superintendent a report which contains the information listed in division (B) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Superintendent a report which contains the information listed in division (B) below. A new source shall also be required to report the method of pretreatment it intends to use to meet application pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(B) The industrial user shall submit the information required by this section including:
(1) Identifying information. The name and address of the facility including the name of the operation and owners;
(2) Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility;
(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;
(4) Flow measurement. Information showing the measured average, or estimated, if approved by the Superintendent, daily and maximum flow, in gallons per day, to the POTW from regulated process streams and other stream, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(c);
(5) Measurement of pollutants.
(a) Identify the categorical pretreatment standards applicable to each regulated process.
(b) Submit the results of sampling and analysis identifying the nature and concentration (and/or mass), where required by the standard of the Superintendent 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 herein.
(c) Sampling must be performed in accordance with procedures set out herein.
(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;
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standard; 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 herein.
(C) Any permittee subject to a pretreatment standard set forth in this division shall submit to the Superintendent during the months of June and December, unless required more frequently by the discharge permit, a periodic compliance report indicating the nature and concentration of prohibited or regulated substances in the effluent. Included in the report shall be a record of all measured or estimated average and maximum daily flows during the reporting period, computed by verifiable techniques as required by the applicable discharge permit.
(D) Each permittee shall monitor the discharge with the frequency prescribed in its wastewater discharge permit. All sampling and analyses shall be performed in accordance with 40 C.F.R. part 136 and amendments thereto.
(E) Reports of monitoring events shall be filed with the Superintendent as required by the wastewater discharge permit, including flow conditions and the nature and concentration of those prohibited substances specified sampling location, date, time and techniques, analysis date, analyst and analysis methods, and results of all analyses.
(F) If sampling performed by an industrial user indicates a violation, the industrial user must notify the Superintendent 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 report to the Superintendent within 30 days after becoming aware of the violation. The industrial user is not required to resample if the town performs monitoring at the industrial user at least once a month, or if the town performs sampling between the industrial user’s initial sampling and when the industrial user receives the results of this sampling, or if the industrial user’s regular monitoring activity will result in samples being taken within 30 days of the industrial user becoming aware of the violation, unless directed by the Superintendent to do so.
(G) Any industrial user who commences the discharge of hazardous waste shall notify the Superintendent, the EPA Regional Waste Management Division Director, and the 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. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms (330 lbs.), of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user; an identification of the hazardous constituents in the wastestream discharged during the calendar, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notification of changed discharges must be submitted as required by law. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements set out above.
(1) Dischargers are exempt from the requirements of division (F) above, during a calendar month in which they discharge no more than 15 kilograms (33 lbs.) of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. § 261.30(d) and 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(c), requires a one-time notification.
(2) 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.
(H) All permittees shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling, and analyses made in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the Town Council pursuant hereto, shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(I) All permittees subject to Federal Categorical Pretreatment Standards will be required to fill all reports as described in 40 C.F.R. part 403, which is incorporated herein by reference, including amendments that may hereafter be made as the same are published in the Code of Federal Regulations. These reports shall include, but not be limited to, baseline monitoring reports, compliance schedule reports, compliance date reports, and periodic compliance reports.
(J) Compliance schedule reports must be submitted by any nonresidential discharger not subject to categorical standards who is not in compliance with the terms and conditions of this division.
(1996 Code, § 108.06) (Ord. 487, passed 1-25-1994; Ord. 1997-3, passed 6-9-1997; Ord. 99-5, passed 5-10-1999) Penalty, see § 53.999