§ 53.094 PERIODIC COMPLIANCE REPORTS.
   (A)   All significant industrial users shall submit, to the City Engineer, every six months (on dates specified in the Industrial Wastewater Discharge Permit) unless required more frequently by the Permit, a report indicating, at a minimum, the nature and concentration, of pollutants in the effluent which are limited by such Pretreatment Standards or the discharge permit. The report shall also include the chain-of-custody (COC) forms, field data and any other information required by the City Engineer. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow. At the discretion of the City Engineer and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the City Engineer may agree to alter the months during which the above reports are to be submitted. All periodic compliance reports must be signed and certified in accordance with 40 CFR 403.12 and § 53.102.
      (1)   The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated 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 and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the conditions as given in 40 CFR 403.12(e)(2).
   (B)   All wastewater samples must be representative of the user’s discharge. All analyses shall be performed by a laboratory acceptable to the City Engineer. Analytical procedures shall be in accordance with procedures established by the U.S. EPA Administrator pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136 and amendments thereto or with any other test procedures approved by the U.S. EPA Administrator. Sampling shall be performed in accordance with the techniques approved by the U.S. EPA Administrator.
   (C)   Where 40 CFR Part 136 does not include a sampling or analytical technique for the pollutant(s) in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication. "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the U.S. EPA Administrator.
   (D)   A Baseline Monitoring Report (BMR) must be submitted to the City Engineer by all categorical industrial users at least 90 days prior to initiation of discharge to the sanitary sewer. The BMR must contain, at a minimum, the following:
      (1)   Production data: a process description, SIC code number, raw materials used, chemicals used, final product, pretreatment industrial category (if applicable), and a schematic which indicates points of discharge to the sewer system.
      (2)   Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility.
      (3)   Wastewater characteristics: total plant flow, types of discharges, average and maximum flows from each process.
      (4)   Nature/concentration of pollutants: analytical results for all pollutants regulated by this chapter and/or any applicable federal pretreatment standard and sample type and location. All analyses must conform with 40 CFR Part 136 and amendments thereto.
      (5)   Information concerning any pretreatment equipment used to treat the facility’s discharge.
      (6)   Compliance certification. A statement reviewed by the user’s authorized representative as defined in § 53.002 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 standards, the shortest 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 in § 53.093.
   (E)   Compliance schedule progress reports: the following conditions shall apply to all compliance schedules required by this chapter:
      (1)   The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards.
      (2)   No increment referred to above shall exceed nine (9) months.
      (3)   The user shall submit a progress report to the City Engineer no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule: and in no event shall more than nine (9) months elapse between such progress reports to the City Engineer.
   (F)   Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements and documentation associated with best management practices as may be required. Records shall include the date, exact place, method and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall automatically be extended for the duration of any litigation concerning the user or the city or where the user has been specifically notified of a longer retention by the City Engineer.
   (G)   New sources shall give estimates of the information requested in divisions (D)(3) and (D)(4) of this section, but at no time shall a new source commence discharge to the public sewer with known substances that do not meet provisions of this chapter. All new sources must be in compliance with all provisions of this chapter, state, and federal pretreatment regulations prior to commencement of discharge to the public sewer.
(Ord. 477, passed 7-24-91; Am. Ord. B2011-14, passed 8-23-11) Penalty, see § 53.999