920.11 COMPLIANCE REPORTS.

   (a)   Initial Compliance Reports. Any industrial user subject to categorical pretreatment standards shall submit a report indicating whether the user has achieved compliance with these standards. This report is to be submitted to the Director of Water Reclamation within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source discharger, within ninety days following commencement of the introduction of wastewater into the POTW. The following information shall be included:

      (1)   Measured average daily and maximum flows of regulated process streams and other nonregulated streams;

      (2)   Results of sampling and analysis of regulated pollutants from each regulated process. For pH, cyanide, total phenols, oil and grease, hexavalent chromium sulfide and volatile organics a minimum of four grab samples must be analyzed. Multiple grab samples collected during a twenty-four hour period may be composited prior to the analysis as follows: for hexavalent chromium, cyanide, total phenols and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. For all other pollutants a minimum of one twenty-four hour flow proportional composite sample must be obtained. Samples should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream of regulated processes if no pretreatment facilities exist. The samples shall be representative of the daily operations;

      (3)   For industrial users subject to equivalent mass or concentration limits established by the Director of Water Reclamation, this report shall include a reasonable measure of the user's long-term production rate. For industrial users subject to production-based standards, this report shall include the user's actual production during the appropriate sampling period. For all other industrial users subject to categorical pretreatment standards as expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period;

      (4)   A statement indicating whether pretreatment standards are being met on a consistent basis, and if not, a statement indicating whether additional pretreatment or operation and maintenance will be required to meet the pretreatment standards. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment according to the conditions in Section 920.12 herein;

      (5)   All compliance reports must contain information relating to Best Management Practices (BMPs); and

      (6)   The certification statement reviewed and signed by an authorized representative of the discharger as defined in 920.11(d) herein, certifying whether additional operation and maintenance or additional pretreatment or both, is required by the industrial user to meet the categorical pretreatment standards and requirements.

   (b)   Periodic Compliance Reports. All industrial users shall submit periodic compliance reports of categorical and non-categorical SIUs indicating the number of required samples and the nature and concentration of pollutants in their discharge. Such report shall be submitted to the City during the months of June and December unless required more frequently by the City. This report shall include data representative of conditions during the reporting period and include a record of all measured or estimated average and maximum daily flow of regulated and other non-regulated streams. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by variable techniques. Production data from industrial users subject to production-based standards shall also be required.

      (1)   If sampling performed by any industrial user indicates a violation, the user shall notify the City within twenty-four hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results within forty-five days after becoming aware of the violation. Results of sampling above the minimum required shall also be reported if analysis were conducted according to methodology as required by this chapter.

      (2)   In cases where the pretreatment standard requires compliance with a BMP or a pollution prevention alternative, the certification statement described in Section 920.11(a)(6).

      (3)   A report indicating the nature and concentration of pollutants in the discharge that are limited by such categorical pretreatment standards;

      (4)   Where the control authority has imposed mass limitation on industrial users, the mass of pollutants in the discharge from the industrial user relevant to such mass limitations;

      (5)   For industrial users subject to equivalent mass or concentration limits established by the control authority, a reasonable measure of the user’s long-term production rate; and

      (6)   For 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 user’s actual average production rate for the reporting period.

   (c)   Sampling and Analytical Methodology.  

      (1)   All measurements, tests and analysis shall be performed in accordance with procedures contained in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not include sampling or analytical techniques for the regulated pollutant(s), alternative procedures shall be approved by the Director of Water Reclamation. All measurements, tests and analyses of the characteristics of wastewater performed by an industrial user shall be at the user's expense.

      (2)   Multiple grab samples collected during a twenty-four hour period may be composited prior to the analysis as follows: for hexavalent chromium, cyanide, total phenols and sulfides, the samples may be composted in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory.

      (3)   If sampling performed by an industrial user indicates a violation, the user shall notify the control authority 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 control authority within forty-five days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority shall perform and repeat sampling and analysis unless it notifies the user to the violation and requires the user to perform the repeat analysis.

   (d)   Signatory Requirements. All reports required under this section shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed by:

      (1)   A principal executive officer or ranking elected official; or

      (2)   A duly authorized representative of the above if the authorization is previously made in writing to the Director of Water Reclamation or together with the report being submitted.

   (e)   Tests. Reports of dischargers shall contain all results of sampling and analysis of discharge, including the flow and the natural concentration or production or mass where required by the City. All pollutants, except oil and grease, pH, cyanide, phenols and volatile organic compounds must be sampled as flow proportional twenty-four hour composite samples unless there are substantial physical or economic reasons prohibiting this type of sample. Grab samples are to be the exception and not the rule. The City may require in certain cases the installation of special sampling devices. These may include a continuous sampling pump coupled to a flow meter in such a way that the size of the sample is proportional to the total flow. Dischargers shall be responsible for the collection and testing of the aforesaid samples. All tests shall be done by independent laboratories, with a copy of the results forwarded to the Director of Water Reclamation, City of Bedford Heights, 25301 Solon Road, Bedford Heights, Ohio, 44146. Samples shall be collected in such a manner as to be representative of the composition of the wastes. Every care shall be exercised in the collection of samples to insure their preservation in a state comparable to that at the time the sample was taken.

(Ord. 2004-184. Passed 12-7-04; Ord. 2015-098. Passed 9-15-15.)