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Subdivision F. Reporting, Inspections, and Monitoring
Sec. 26-156. Compliance reporting requirements.
   (a)   Baseline Report. Within ninety (90) days after the effective date of a pretreatment standard, existing industrial users currently discharging to, or scheduled to discharge to the Treatment Works shall submit to the Director a baseline report that meets the requirements of Rule 62-625.600(1), F.A.C. At least ninety (90) days prior to commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable pretreatment standard, shall submit to the Director a baseline report that meets the requirements of Rule 62-625.600(1), F.A.C. New sources shall include in this report information on the method of pretreatment it intends to use to meet applicable pretreatment standards.
   (b)   Compliance Schedule and Progress Reports. If additional pretreatment of O&M will be required to meet the pretreatment standards, the industrial user shall provide such additional pretreatment or O&M as specified in a compliance schedule. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The compliance schedule shall contain increments of progress 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 industrial user to meet the applicable pretreatment standard (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction). No increment of progress shall exceed nine (9) months. Within fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment of progress to be met on such date, and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. Compliance schedule reports shall meet the requirements in Rule 62-625.600(2), F.A.C. In no event shall more than nine (9) months elapse between such progress reports to the Director.
   (c)   Final Compliance Report. Within thirty (30) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the Utilities Director, a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall meet the requirements of Rule 62-625.600(3). The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-157. Other reporting requirements.
   (a)   Periodic Compliance Report. Each significant user and/or permittee, except nonsignificant categorical industrial users, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard or by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. The reports must be based on sampling and analysis performed in the period covered by the report. Periodic compliance reports shall meet the requirements of Rule 62-625.600(4) and (7), F.A.C. If an industrial user monitors any regulated pollutant at the appropriate monitoring location more frequently than required by the City, the results of this monitoring shall be included in the report. In addition, this report shall include a record of daily water consumption which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the city and in consideration of those factors as local high or low flow rates, holidays, budget cycles, and the like, the city may agree to alter the months during which the above reports are to be submitted. The City may also reduce the reporting requirements to a frequency no less than once a year, unless required more frequently in the pretreatment standard or by FDEP, if the industrial user meets the requirements of Rule 62-625.600(4)(d), F.A.C. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water consumption. In cases where the pretreatment standard requires compliance with best management practice (BMP) or pollution prevention alternative, the industrial user shall submit documentation required by the City or the pretreatment standard necessary to determine the compliance status of the industrial user. The City may authorize an industrial user to waive sampling of a regulated pollutant if the industrial user provides a certification statement and demonstrates compliance with Rule 62-625.600(4)(b) and (c), F.A.C.
   (b)   Reports of Changed Conditions. Each user must notify the Director and the Executive Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.
   (1)   The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 26-161.
   (2)   The Director may issue a wastewater discharge permit under Section 26-160 or modify an existing wastewater discharge permit under Section 26-160 in response to changed conditions or anticipated changed conditions.
   (3)   For purpose of this requirement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants.
   (c)   Reports of Potential Problems.
   (1)   In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge, or prohibited discharge, that may cause potential problems for the WWF, the user shall immediately telephone and notify them 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)   Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
   (3)   A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph (a), above. Employee shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
   (d)   Report from Unpermitted Users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as required.
   (e)   Timing. 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.
   (f)   Signatory Requirements. Signatory requirements for all industrial user reports shall be as stated under Section 26-161(e).
   (g)   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 (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. If the Director has performed the sampling and analysis in lieu of the industrial user, the Director must perform the repeat sampling and analysis unless the user is notified of the violation and the Director requires the user to perform the repeat analysis. The user is not required to resample if the Director monitors at the user's facility at least once a month, or if the Director samples between the user's initial sampling and when the user receives the results of this sampling.
   (h)   Annual Certification by Non-Significant Categorical Industrial Users. An industrial user determined to be a non-significant categorical industrial user as defined in Section 26-115, must annually submit the following certification statement, signed in accordance with the signatory requirements of paragraph (f) above. The certification must accompany any alternative report required by 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 standard part(s)] I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [month, day, year]:
   (1)   The facility described as [industrial user name] met the definition of a non-significant categorical industrial user as defined in Section 26-115;
   (2)   The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
   (3)   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 upon the following information: [documentation of basis to continue exemption].
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-158. Inspection and sampling.
   (a)   The city, through its employees, is authorized to inspect the facilities of any user to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The city, WWF, state DEP, and EPA shall have the right to set up on the user's property those devices as are necessary to conduct sampling inspection, compliance monitoring, or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, WWF, DEP, and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities (also see Section 26-168). Penalty, see Sec. 26-177.
   (b)   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 requirements of 40 CFR Part 136, Chapter 62-160, F.A.C, and Rule 62-625.600(6)(d) and (e), unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain appropriate sampling or analytical techniques for the pollutant in question, the laboratory, with approval of the industrial user, the City and FDEP, shall identify and propose a method for use in accordance with Rules 62-160.300 and 62-160330, F.A.C
   (c)   Sample Collection. Except as indicated in subsection (1) below, the user must collect wastewater samples using 24-hour flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the Director may authorize, in writing, the use of time proportional sampling or a minimum of four (4) samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. The City shall require the number of grab samples necessary to assess and assure compliance by industrial users with the applicable pretreatment standards and requirements. Sample collection shall meet the requirements of Rule 62-625.600(6)(c)-(f), F.A.C.
   (1)   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab sample techniques.
   (2)   All samples shall be representative of daily operations. Both daily maximum and average concentration (or mass, where required) shall be reported. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard.
   (3)   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 industrial user shall measure flows and concentrations necessary to allow use of the combined waste stream formula of Rule 62-625.410(6), F.A.C., in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with Rule 62-625.410(6), F.A.C., this adjusted limit, along with supporting data, shall be submitted to the City.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
Sec. 26-159. Information and data to be made available.
   (a)   Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency in accordance with applicable state statutes or federal law. All reports submitted to the city shall be signed by an authorized representative and contain the certification statement found in Section 26-161(e).
   (b)   Information and data obtained from reports, surveys, permit applications, permits, monitoring requirements, and inspection and sampling activities shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data.
   (c)   When requested and demonstrated by the user furnishing that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. A copy of the procedure for handling confidential information will be kept on file at the WWF.
(Ord. No. 93-8, § 2, 5-18-93; Ord. No. 99-21, § 1, 8-3-99; Ord. No. 12-019, § 2, 12-4-12; Ord. No. 13-032, § 2, 11-9-13)
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