(a) 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 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in subsection (a)(2) below. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in subsection (a)(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below.
A. The name and address of the facility, including the name of the operator and owner;
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 (including each product produced by type, amount, processes, and 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. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e); and
E. Measurement of pollutants, as follows:
1. The user shall provide:
a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process and shall be representative of daily operations.
c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported, including documentation of BMP or pollution prevention alternatives.
2. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.
3. Samples should 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 should measure the flows and concentrations necessary to allow use of the combined waste-stream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Director;
4. Sampling and analysis shall be performed in accordance with subsection (i) below (Analytical Requirements);
5. The Director may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
6. 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 pollutant discharges.
F. Compliance certification. A statement, reviewed by the user’s authorized representative as defined in Section 1040.02(2) above 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.
G. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. 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 in subsection (b) below.
(b) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by subsection (a)(2)G. above:
(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 (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the Director no later than fourteen 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
(4) In no event shall more than nine months elapse between such progress reports to the Director.
(c) Reports on compliance with categorical pretreatment standard deadline. Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in subsection (a)(2)C. through (a)(2)F. above and the following:
(1) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(2) Measurement of pollutants.
A. Identification of the categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
B. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process.
C. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
D. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (i) below. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard. All sampling will be done in conformance with subsection (j) below.
(d) Periodic compliance reports.
(1) Except as specified in subsection (d)(3) below, all significant industrial users must, at a frequency determined by the Director submit no less than twice per year reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Director or the pretreatment standard necessary to determine the compliance status of the user. Reports shall be submitted during the months of June and December, unless, at the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Director may modify the months during which the above reports are to be submitted.
A. For industrial users subject to equivalent mass or concentration limits established by the Director in accordance with the procedures in 40 CFR Part 403.6(c), the report required by this subsection must contain a reasonable measure of the user’s long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by this subsection must include the user’s actual average production rate for the reporting period.
B. This sampling and analysis may be performed by the POTW in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under subsections (a), (c), and (d) of this section. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(2) All periodic compliance reports must be signed and certified in accordance with Section 1040.51(f).
(3) All wastewater samples must be representative of the 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 a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(4) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Director, using the procedures prescribed in subsection (j) below, the results of this monitoring shall be included in the report.
(e) Reports of planned and unplanned changed conditions. Each user must notify the Director of any significant planned or anticipated changes to the user’s operations or system that might alter the nature, quality, or volume of its wastewater no less than thirty days before the change. Each user must notify the Director of any significant unplanned or unanticipated changes to the user’s operations or system that might alter the nature, quality, or volume of its wastewater immediately upon actual knowledge of the change.
(f) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (f)(1) above. Employers shall ensure that all employees who have direct contact with or responsibility for equipment, processes, waste streams, or handling of raw materials or chemicals that may result in such a discharge to occur, are advised of the emergency notification procedure.
(3) Significant industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.
(g) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
(h) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Director within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the user’s facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling. If the City performed the initial sampling and analysis indicating a violation in lieu of the user, the City will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. See 40 CFR 403.12(g)(2).
(i) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by EPA.
(j) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(k) Date of receipt of reports. Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(l) Recordkeeping. 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 chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under Section 1040.49(d)(3) of this chapter. 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 years. This period shall be automatically 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 period by the Director.
(m) Application to significant industrial users. The reporting requirements set forth in this section shall also apply to significant industrial users.
(Ord. 01-2015. Passed 3-17-15.)