(A) Compliance schedule reports. Any user who is not in compliance with the chapter’s limitations or is not meeting categorical pretreatment standards at the time of promulgation of that standard, must develop a compliance schedule containing increments of progress which correspond to specific dates. The increments represent major events leading to the construction and operation of pretreatment equipment required for the user to meet the applicable standard. No increment shall exceed nine months in duration. Users subject to these conditions must submit a progress report to the Wastewater Superintendent no later than 14 days following each date in the compliance schedule. This report must include whether or not the user complied with the increment of progress to be met on such date, the reason for delay if the date was not met, the date on which the user expects to comply with this increment of progress, and the steps being taken to return to compliance. In no event can more than nine months elapse between progress reports.
(B) Baseline monitoring reports.
(1) 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 categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Wastewater Superintendent a report which contains the information listed in division (B)(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Wastewater Superintendent a report which contains the information listed in division (B)(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source may provide estimated data on production, flow, presence, and quantity of regulated pollutants if actual data is not available.
(2) Users described above shall submit the information set forth below:
(a) Identifying information. The name and address of the facility, including the name of the operator and owner;
(b) Environmental permits. A list of any environmental control permits held by or for the facility;
(c) 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 user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(d) Flow measurement. Disclosure of average daily wastewater flow rates in gallons per day to the POTW, including daily, monthly, and seasonal variations, if any. Include average daily and maximum daily flow in gallons per day from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(e). All flows must be measured unless other verifiable techniques are approved by the Wastewater Superintendent;
(e) Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Wastewater 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 as set forth in § 51.102.
3. Sampling must be performed in accordance with procedures as set forth in § 51.123(A) of this chapter.
(f) Certification. A statement, reviewed by the 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 and/or additional pretreatment is required to meet the pretreatment standards and requirements; and
(g) Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. 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 as set forth in division (A) above.
(C) Categorical pretreatment standard compliance date report. Within 90 days following the date for final compliance with applicable pretreatment standards, or in case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the Wastewater Superintendent a report containing the information described in§ 51.140. For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the industrial user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user’s actual production, during the appropriate sampling period. All compliance reports must be signed and certified in accordance with division (E) below.
(D) Periodic compliance reports.
(1) Any significant industrial user subject to an applicable pretreatment standard shall, at a frequency determined by the Wastewater Superintendent but in no case less than four times per year (in April, July, October, and January) each covering the previous three-month period, submit a report indicating the nature and concentration, or production and mass where required by the Wastewater Superintendent, of pollutants in the discharge which are limited by such pretreatment standards. In addition, this report shall include a measured or estimated flow for the reporting period, or in the case of significant industrial users subject to categorical pretreatment standards, shall include a record of measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with division (E) below.
(2) All wastewater samples must be representative of the industrial user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
(3) If an industrial user subject to the reporting requirements in and of this section monitors any pollutants more frequently than required by the city, using the procedures prescribed in § 51.102, the results of this monitoring shall be included in the report.
(4) Periodic compliance reports may be waived by the Wastewater Superintendent if the city chooses to monitor the industrial user’s required wastewater discharge and no process wastewater is discharged to the city’s POTW.
(5) All discharge monitoring and analysis shall be performed in accordance with § 51.102.
(6) If industrial user sampling and analysis indicates a violation, the industrial user shall report to the city in accordance with § 51.175(A).
(E) Signatory requirement. The above reports shall be signed by an authorized representative of the industrial user, who is certified to be a qualified professional as defined in General Pretreatment Regulations 40 C.F.R. § 403.12(1) and contain the certification statement as set forth in 40 C.F.R. § 403.6(a)(2)(ii).
(Ord. 2009-02, passed 5-12-2009) Penalty, see 51.999