(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 SC R.61-9.403.6(b)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the control authority a report which contains the information listed in division (A)(2), below. At least 90 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 control authority a report which contains the information listed in division (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.
(b) Measurement of pollutants.
1. The user shall provide the information required in § 56.35(E)(1)(g)1. through 4.
2. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division.
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 wastestream formula in SC R.61-9.403.6(f) to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with SC R.61-9.40 CFR 403.6(f) this adjusted limit along with supporting data shall be submitted to the city.
4. Sampling and analysis shall be performed in accordance with § 56.15.
5. The control authority 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 to the POTW.
(c) Compliance certification. A statement, reviewed by the user's authorized representative, as defined in § 56.01, 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.
(d) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortcut 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 division (B) below.
(e) Signature and report certification. All baseline monitoring reports must be certified in accordance with division (I) below and signed by an authorized representative, as defined in § 56.01.
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by division (A)(2)(d) 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 control authority no later than 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
(4) In no event shall more than nine months elapse between such progress reports to the control authority.
(C) Reports on compliance with categorical pretreatment standard deadline. Within 90 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 control authority a report containing the information described in § 56.35(E)(1)(f) and (g) and division (A)(2)(b) above. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other 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 user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with division (I)(1) below. All sampling will be done in conformance with § 56.16(B).
(D) Periodic compliance reports.
(1) Except as specified in division (D)(3) below, all significant industrial users must, at a frequency determined by the control authority, submit no less than twice per year (June and December or on dates specified) 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 best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user. All laboratory analyses shall be performed in a state certified laboratory. Self-monitoring reports must be accompanied by all chain of custody sheets and laboratory data results for each sampling occurrence.
(2) Waiver for pollutant not present. The city, at its discretion, 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 set forth in SC R.61-9.403.12(e)(2). The request for a monitoring waiver must be signed by a duly authorized representative of the user, and include the certification statement in division (I)(1) below.
(3) Reduced reporting.
(a) The city, at its discretion, may reduce the requirement for periodic compliance reports [(see division (1) above) (SC R 61-9.403.12(e)(3))] to a requirement to report no less frequently than once a year, unless required more frequently in the pretreatment standard or by the state, where the industrial user's total categorical wastewater flow does not exceed any of the following:
1. 0.01% of the POTW's design dry-weather hydraulic capacity of the POTW, or 5,000 gallons per day, whichever is smaller, as measured by a continuous effluent flow monitoring device unless the industrial user discharges in batches;
2. 0.01% of the design dry-weather organic treatment capacity of the POTW; and
3. 0.01% of the maximum allowable headworks loading for any pollutant regulated by the applicable categorical pretreatment standard for which approved local limits were developed in accordance with § 56.21.
(b) Reduced reporting is not available to industrial users that have in the last two years been in significant noncompliance, as defined in § 56.70. In addition, reduced reporting is not available to an industrial user with daily flow rates, production levels, or pollutant levels that vary so significantly that, in the opinion of the control authority, decreasing the reporting requirement for this industrial user would result in data that are not representative of conditions occurring during the reporting period.
(4) All periodic compliance reports must be signed and certified in accordance with division (I)(1) below.
(5) 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.
(6) 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 control authority, using the procedures prescribed in § 56.16(B), the results of this monitoring shall be included in the report.
(7) Users that send electronic (digital) documents to the city to satisfy the requirements of this section must:
(a) Satisfy the requirements of 40 CFR Part 3 - (electronic reporting);
(b) For any documents submitted electronically, submit duplicate hard copies in accordance with the provisions of this section.
(E) Reports from unpermitted users. All users not required to obtain an individual wastewater discharge permit or general permit shall provide appropriate reports to the control authority as the control authority may require.
(F) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the control authority within 24 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 30 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, or if the city has performed the sampling and analysis in lieu of the industrial user.
(G) Notification of the discharge of hazardous waste. The discharge of hazardous waste into the POTW is hereby prohibited.
(H) 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 ofthe report shall govern.
(I) Certification statements.
(1) Certification of permit applications. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with § 56.35(G); users submitting baseline monitoring reports under division (A)(2)(e) above; users submitting reports on compliance with the categorical pretreatment standard deadlines under division (C) above; users submitting periodic compliance reports required by division (D)(1) through (4) above, and users submitting an initial request to forego sampling of a pollutant on the basis of division (D)(2) above. The following certification statement must be signed by an authorized representative, as defined in § 56.01:
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.
(2) Annual certification for non-significant categorical industrial users. A facility determined to be a non-significant categorical industrial user by the control authority pursuant to § 56.01 (SIGNIFICANT INDUSTRIAL USER, division (3)) and § 56.35(G)(3) must annually submit the following certification statement signed in accordance with the signatory requirements in § 56.01. This certification must accompany an alternative report required by the control authority:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my knowledge and belief that during the period from [months, days, year]:
(a) The facility described as [facility name] met the definition of a non-significant categorical industrial user as described in § 56.01 (SIGNIFICANT INDUSTRIAL USER, division (3));
(b) The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
This compliance certification is based on the following information.
(3) Certification of pollutants not present. Users that have an approved monitoring waiver based on division (D)(2) above must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the user.
Based on my inquiry of the person or persons directly responsible for managing compliance with the pretreatment standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutants] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 56.42(D)(1).
(Ord. 16-04-001, passed 4-19-16)