§ 1054.16  REQUIREMENTS FOR CATEGORICAL WASTEWATER DISCHARGERS.
   This section is applicable to all industrial users discharging wastewaters subject to the applicable categorical pretreatment standards and requirements under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N, and shall be in addition to any other applicable pretreatment standards set forth in this chapter.
   (A)   General requirements.
      (1)   Category determination request. Within 60 days after the effective date of a pretreatment standard for a subcategory under which a user may be included, the user may submit a request to the Ohio EPA to provide written certification on whether the user falls within that particular subcategory. An existing user who adds or changes a process or operation which may be included in a subcategory must request this certification prior to commencing discharge from the added or changed process. A new source must request certification prior to commencing discharge. Submission of requests must be made in accordance with procedures stated in 40 C.F.R. § 403.6.
         (a)   Significant industrial user. Except as provided in division (A)(1)(a)5. below, the term SIGNIFICANT INDUSTRIAL USER means:
            1.   All dischargers subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Ch. I, Subch. N, except as provided in divisions (A)(1)(c)3. and 4. below;
            2.   All dischargers that discharge greater than or equal to an average of 25,000 gallons per day of process wastewater (excluding sanitary, non-contact cooling and boiler blow-down wastewater) to the POTW;
            3.   All dischargers that contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic (BOD or suspended solids) capacity of the POTW;
            4.   All dischargers that, in the opinion of the Superintendent of Utilities, have a reasonable potential to adversely affect the POTW’s operations, including pass through or interference or for violating any pretreatment standard or requirement; or
            5.   Upon a finding that an industrial user meeting the criteria in divisions (A)(1)(a)2. through (A)(1)(a)4. above has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the control authority may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, determine that such industrial user is not a significant industrial user.
         (b)   Non-significant categorical industrial users. Categorical industrial users can be reclassified by the control authority to non-significant categorical industrial users if the Superintendent of Utilities decides such reclassification is appropriate. The requirements for qualification as a non-significant categorical industrial user follow.
            1.   The industrial user does not discharge more than 100 gallons per day of total categorical wastewater. That does not include sanitary, non-contact cooling and boiler blowdown wastewater unless it is specifically included in the categorical pretreatment standard.
            2.   No untreated concentrated wastewater, which is regulated by the categorical pretreatment standards, may be discharged at any time.
            3.   The following certification statement must be submitted annually to the city:
 
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR [specify applicable national pretreatment standards part or parts], I certify that, to the best of my knowledge and belief, during the period from [specify month, day and year] to [specify month, day and year]:
(1)   “The facility described as [insert facility name] met the definition of a non- significant categorical industrial user as described in paragraph (P) of rule 3745-3-01 of the Ohio Administrative Code;
(2)   “The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(3)   “The facility never discharged more than one hundred gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information:
 
            4.   Appropriate justification in support of this statement is required to be submitted with this certification statement and may include water billing records, production records and the like.
            5.   If the industrial user is located upstream of a combined or sanitary sewer overflow the following additional requirements must be met for the application of this classification:
               a.   The industrial user does not discharge wastewater that is regulated by categorical pretreatment standards;
               b.   The industrial user must not have been in significant non-compliance at any time in the past two years; and
               c.   Procedures for issues relating to combined or sanitary sewer overflows must be addressed through either a long-term control plan, an approved combined sewer system operation plan implementing the nine minimum controls or the program modification request.
            6.   At least once a year, the authority will evaluate whether the industrial user still meets the requirements for classification as a non-significant categorical industrial user and document the evaluation.
         (c)   Mid-tier categorical industrial users. Categorical industrial users can be reclassified by the city to mid-tier categorical industrial users if the Superintendent of Utilities decides such reclassification is appropriate. A mid-tier user may have its reporting frequency reduced to no less than once a year unless required more often by the categorical pretreatment standard or the Director of Ohio EPA. The requirements for qualification as a mid-tier categorical industrial user follow. If the user no longer meets these criteria, then the authority will immediately begin inspecting and monitoring the user as a categorical industrial user.
            1.   The industrial user must not discharge total categorical wastewater that exceeds:
               a.   0.01% of the design dry weather hydraulic capacity of the receiving POTW;
               b.   Five thousand gallons per day of total categorical wastewater;
               c.   0.01% of the design dry weather organic treatment capacity of the receiving POTW; and
               d.   0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standards for which a local limit has been developed.
            2.   The industrial user’s flow must be monitored by a continuous effluent flow monitoring device unless the user discharges in batches.
            3.   The industrial user must not have been in significant non-compliance in the past two years.
            4.   The daily flow rates, production levels or pollutant levels of the industrial user cannot vary so significantly that decreasing the reporting requirement would result in data that are not representative of conditions occurring during the reporting period.
            5.   If the industrial user is located upstream of a combined or sanitary sewer overflow, the issues relating to the overflows must be addressed through either a long-term control plan, an approved combined sewer system operation plan implementing the nine minimum controls or the program modification request.
            6.   The industrial user will be inspected and the effluent randomly sampled at least once every two years by the city.      
      (2)   Deadline for compliance with categorical standards. Compliance by existing sources with categorical pretreatment standards shall be within three years of the effective date of the standard, unless a shorter time is specified by the applicable subpart. Existing sources which become subject to newly promulgated categorical standards shall be considered existing industrial users, except where such sources meet the definition of a new source. New sources shall install, shall have in operating condition and shall start-up all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), new sources must meet all applicable pretreatment standards.
      (3)   Concentration and mass limitations.
         (a)   Pollutant discharge limits in categorical standards will be expressed either as concentration or mass limits and shall apply to the effluent of the process regulated by the standard, or as otherwise specified by the standard. When the limits in a categorical standard are expressed only in terms of mass of pollutant per unit of production, the authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day, or effluent concentration, for purposes of calculating effluent limitations applicable to the user in accordance with 40 C.F.R. § 403.6(c)(6). Calculation of equivalent limitations shall be based upon a reasonable measure of the user’s actual long term daily production and flow rates of the user’s regulated process during a representative year. For new sources, actual production shall be estimated using projected production.
         (b)   Equivalent limitations shall be deemed pretreatment standards, and industrial users will be required to comply with the equivalent limitations in lieu of the promulgated standards from which they were derived.
         (c)   Where categorical standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average or four-day average limitations, the same production or flow figures shall be used in calculating both types of equivalent limitations.
         (d)   Any industrial user operating under a control order incorporating equivalent limits calculated from a production based standard shall notify the control authority within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. If notification is not made, the user will be required to meet the mass or concentration limits that were based on the original estimate of the long term average production rate.
         (e)   Facilities regulated by the categorical pretreatment standards for organic chemicals, plastics, and synthetic fibers (40 C.F.R. part 414), petroleum refining (40 C.F.R. part 419) and pesticide chemicals (40 C.F.R. part 455) that have mass-based limits may now have those limits converted to equivalent concentration- based limits in accordance with 40 C.F.R. § 403.6(c)(6).
      (4)   Combined wastestream formula.
         (a)   Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, alternative discharge limits may be derived by the control authority and the alternative limits applied to the mixed effluent. The industrial user shall comply with the alternative limits fixed by the authority until the limits are modified on the basis of a material or significant change in the values originally used to determine the alternative limits. The user must immediately report any such change to the Authority to enable calculation of new limits. An alternative pretreatment limit cannot be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants.
         (b)   Monitoring points designated for compliance monitoring of a user’s regulated discharge may be changed only upon approval of the control authority. The authority shall ensure that any change in a user’s monitoring points will not allow the user to substitute dilution for adequate treatment to achieve compliance with applicable standards.
   (B)   Reporting requirements.
      (1)   Baseline monitoring reports (BMRs). Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination request, whichever is later, existing users subject to the standards and currently discharging to, or scheduled to discharge to, the POTW shall submit to the Superintendent of Utilities a report which contains the information listed in divisions (B)(1)(a) to (B)(1)(g) below. At least 90 days prior to commencement of discharge, new sources shall submit to the Superintendent a report which contains the information listed in divisions (B)(1)(a) to (B)(1)(e) below. New sources shall also include in this report information on the method of pretreatment intended to be used to meet applicable pretreatment standards. New sources shall give estimates of the information required in divisions (B)(1)(d) and (B)(1)(e) below.
         (a)   The name and address of the facility and the name of the operator, owners and contact official;
         (b)   A list of any environmental control permits held by or for the facility;
         (c)   A brief description of the nature, average rate of production and standard industrial classification of the operations carried out by the user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from any regulated process;
         (d)   1.   Information showing the measured average daily and maximum daily flow in gallons per day to the POTW from each of the following:
               a.   Regulated process streams; and
               b.   Other streams as necessary to allow use of the combined wastestream formula.
            2.   The Authority may authorize verifiable estimates of the flows where justified by cost or feasibility considerations.
         (e)   1.   The user shall identify the pretreatment standards applicable to each regulated process. In addition, the user shall submit the results of sampling and analysis, identifying the nature and concentration (or mass, if required) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass) shall be reported. The samples shall be representative of daily operations.
            2.   A minimum of four grab samples must be used for pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide, and volatile organics. Multiple grab samples collected during a 24-hour period for hexavalent chromium, cyanide, total phenols and sulfides may be composited in the laboratory or in the field. Multiple grab samples collected during a 24-hour period for volatile organics and oil and grease may be composited in the laboratory. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling where feasible. The Control Authority may waive flow- proportional sampling where it is not feasible. In such cases, samples may be obtained through time- proportional composite sampling or through a minimum of four grab samples where this will provide a representative sample of the effluent discharge.
            3.   The user shall take a minimum of one representative sample, or more when deemed necessary by the authority, to compile that data necessary to comply with the requirements of this division (B)(1)(e).
            4.   Samples shall be taken immediately downstream from pretreatment facilities, if such exist, or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in order to evaluate compliance with pretreatment standards. Where an alternative concentration or mass limit has been calculated by the user in accordance with 40 C.F.R. § 403.6(e), this adjusted limit, along with supporting data, shall be submitted to the control authority.
            5.   Sampling and analysis shall be performed in accordance with the approved techniques prescribed in 40 C.F.R. part 136 and amendments thereto. The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected discharges to the POTW.
         (f)   A certification statement, 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 for the user to meet the pretreatment standards and requirements, shall be included. The certification statement of division (C) below shall be signed by an authorized signatory of the user, as required by division (D) below, and certified to by a qualified professional engineer;
         (g)   Users with applicable standards that require compliance with a BMP or pollution prevention alternative shall submit documentation to determine compliance with the standard when submitting baseline or periodic compliance reports; and
         (h)   If additional pretreatment measures and/or operation and maintenance changes will be required to meet the pretreatment standards, a compliance schedule shall be provided, indicating the shortest schedule by which the user will provide such additional measures. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standard. The required contents and conditions for compliance schedules are as specified in § 1054.18 of this chapter.
      (2)   Report on compliance with categorical pretreatment standard deadlines.
         (a)   Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or 90 days following commencement of the introduction of wastewater into the POTW by a new source, any user subject to those standards shall submit to the Superintendent a report containing the information described in divisions (B)(1)(d) to (B)(1)(f) above.
         (b)   For industrial users subject to equivalent mass or concentration limits established by the authority, the report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical standards expressed in terms of allowable pollutant discharge per unit of production, the report shall include the user’s actual production during the appropriate sampling period.
      (3)   Periodic reports on continued compliance.
         (a)   Any industrial user subject to a categorical pretreatment standard after the compliance date of such standard or, in the case of a new source, after commencement of discharge into the POTW, shall submit to the Superintendent in the months of June and December (or as otherwise agreed upon with the Superintendent) a report indicating the nature and concentration of pollutants limited by such categorical standards.
         (b)   The report shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the period. The frequency of monitoring necessary to assess and assure compliance by the user shall be determined by the control authority.
         (c)   The report shall include a record of measured or estimated average and maximum daily flows of regulated discharges for the reporting period, except the Superintendent may require more detailed reporting of flows. Where the authority has imposed mass limitations on a user’s discharge, the report shall indicate the mass of pollutants regulated by pretreatment standards in the discharge.
         (d)   For industrial users subject to equivalent mass or concentration limits established by the Authority, the report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to standards expressed only in terms of allowable pollutant discharge per unit of production, the report shall include the user’s actual average production rate for the reporting period.
         (e)   If the user monitors any pollutant more frequently than required by control authority, the results of this monitoring shall be included in the report. All sampling and analysis shall be performed in accordance with U.S. EPA approved techniques and methods contained in 40 C.F.R. part 136.
   (C)   Certification statement. The reports required by divisions (B)(1), (B)(2) and (B)(3) above shall include the following certification statement:
 
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
 
   (D)   Signatory requirements. The reports required by divisions (B)(1), (B)(2) and (B)(3) above shall include the certification statement as set forth in division (C) above, and shall be signed as follows:
      (1)   By a responsible corporate officer if the industrial user is a corporation. A RESPONSIBLE CORPORATE OFFICER means:
         (a)   A president, secretary, treasurer or vice-president of the corporation in charge of a principal function, or any other person who performs similar policy/decision making functions for the corporation; or
         (b)   The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000 if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
      (2)   By a general partner or proprietor if the user is a partnership or sole proprietorship respectively;
      (3)   By a duly authorized representative of the individual designated in divisions (D)(1) or (D)(2) above if:
         (a)   The authorization is made in writing by the individual;
         (b)   The authorization specifies either an individual or a position having responsibility for the overall operation of the facility in accordance with corporate procedures, including having the explicit or implicit duty of making major capital investment recommendations, and of initiating and directing other comprehensive measures, to assure long-term environmental compliance with environmental laws and regulations, such as the position of plant manager or well field superintendent, or a position of equivalent responsibility or having overall responsibility for environmental matters for the company; and
         (c)   The written authorization is submitted to the control authority.
      (4)   If an authorization under division (D)(3) above is no longer accurate because of a change in individual or position duly authorized, a new authorization satisfying the requirements must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
   (E)   Monitoring waiver. At the discretion of the Superintendent of Utilities and with the exception of centralized waste treatment facilities regulated by and defined in 40 C.F.R. part 437, the control authority may allow industrial users subject to categorical pretreatment standards to forgo sampling of a regulated pollutant. The following conditions apply.
      (1)   Monitoring waivers do not apply to pollutants where there are certification processes and requirements established by the control authority or by categorical pretreatment standards (e.g., TOMP (toxic organic management plan) and certification in lieu of total toxic organics monitoring) unless allowed for by the applicable standard.
      (2)   If a waived pollutant is found to be present or is expected to be present based on changes that occur in the industrial user’s operations, the user is required to immediately notify the control authority in writing and start monitoring that pollutant at the specified frequency.
      (3)   The monitoring waiver only applies to an industrial user’s self-monitoring. The control authority will still sample a user as is necessary.
      (4)   In making a request for a pollutant monitoring exemption, the industrial user must demonstrate through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from intake water without increase in the pollutant due to activities of the user. In making a demonstration that a pollutant is not present, the user must provide data from at least one sampling of the facility’s process wastewater prior to any treatment present at the facility that is representative of wastewater from all processes. Non-detectable sample results may only be used as a demonstration that a pollutant is not present if the USEPA approved analytical method from 40 C.F.R. part 136 with the lowest method detection limit for that pollutant was used.
      (5)   Waivers are valid only for the duration of the effective period of the industrial user’s permit, but in no case longer than five years. The user must submit a new request for the waiver before the waiver can be granted for each subsequent control mechanism.
      (6)   The request for a monitoring waiver shall be signed by an authorized representative of the industrial user in accordance with paragraph (F) of rule 3745-3-06 of the Administrative Code, and it must include the certification statement in 40 C.F.R. § 403.6(a)(2)(ii). This is the standard “I certify under penalty of law” statement.
      (7)   If a monitoring waiver has been granted for a pollutant or pollutants, the details of the waiver and its justification will be included in the industrial user’s permit. The supporting reason(s) for the waiver and the information submitted by the user in its request for the waiver will be maintained in the city’s user file for at least three years after its expiration.
      (8)   Upon approval of the monitoring waiver and revision of the industrial user’s permit, the user shall certify on each self-monitoring report with the following statement:
 
Based on my inquiry of the person or persons directly responsible for managing compliance with pretreatment standards under 40 CFR [specify applicable national pretreatment standard part or parts], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant or pollutants] in the wastewaters due to the activities at the facility since submittal of the last periodic report under paragraph (E) of rule 3745-3-06 of the Administrative Code.
 
(Prior Code, § 1054.16)  (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)