(1) Categorical Pretreatment Reporting Requirements:
A. All categorical industrial users (CIU) must comply with 40 CFR sections 403.12 (b) and (d) regarding submission of baseline monitoring reports and ninety (90) day compliance reports.
B. To demonstrate continued compliance, categorical industrial users (CIUs) shall submit to the Pretreatment Coordinator a report indicating the nature and concentration of pollutants in their effluent which are limited by categorical pretreatment standards, a record of measured or estimated average and maximum daily flows for the reporting period, a description of the nature, concentration, and flow of the pollutants in their discharge, and production data in accordance with 40 CFR 403.12(e)(3). The reports are due twice per year, with one report due by December 31, and the other report due by June 30, unless more frequent reporting is specified in the industrial user's discharge permit. The reports shall be based on sampling and analysis performed during the period covered by the report and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto.
(2) Self-Reporting Requirements:
A. To demonstrate continued compliance, significant non-categorical industrial users shall submit to the pretreatment coordinator a description of the nature, concentration, and flow of pollutants in their discharge, at the frequency specified in the industrial user's discharge permit, with the minimum frequency being once every six (6) months. The reports shall be based on sampling and analysis performed during the period covered by the report and performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto.
B. This sampling and analysis may be performed by the City in lieu of the significant non-categorical industrial user. Where the City itself collects all the information required for the report, the non-categorical significant industrial user will not be required to submit the report; however, the significant non-categorical industrial user must reimburse the City for its cost of sampling and analysis.
(3) Non-Compliance Reporting Requirements: If sampling performed by an industrial user indicates a violation, the user shall notify the Public Works Director or Superintendent by telephone within twenty-four (24) hours of becoming aware of the violation, and then submit a detailed written explanation within five (5) days of the non-compliance instance. The user shall also repeat the sampling and analysis and submit the results to the Public Works Director and Superintendent within thirty (30) days after becoming aware of the violation. Resampling is not required if the authority performs sampling at the industrial user's facility at a frequency of at least once per month or if the authority conducted monitoring between the time the sample was collected, indicating the violation, and the time the analytical results were received by the Public Works Director.
(4) Extra Sampling Data From Significant Industrial Users: If a categorical or significant industrial user monitors the regulated outfall(s) for any pollutant more frequently than required by the authority, using the procedures specified in 40 CFR part 136, and amendments thereto, the results shall be included in the industrial user's self-monitoring report. If the categorical or significant industrial user monitors the regulated outfall(s) for a pollutant not regulated by the permit, using procedures specified in 40 CFR part 136, and amendments thereto, the results shall be included in the industrial user's self-monitoring report.
(5) Compliance Schedule Progress Reports: Compliance schedules may be issued by the Public Works Director to users as a condition of a wastewater discharge permit or as an enforcement action under this article. The following conditions shall apply to the compliance schedule:
A. 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 commencement of routine operations);
B. No increment referred to above shall exceed ninety (90) days;
C. The user shall submit a progress report to the authority 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
D. In no event shall more than ninety (90) days elapse between such progress reports to the City.
(6) Signatory And Certification Requirements: All reports must be signed by an authorized representative of the industrial user's respective industry as defined by CFR 403.12(I) and certified using the following certification statement specified in 40 CFR 403.6(a)(2)(ii) and any other certification statements required by the City:
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.
Authorized Representative: (signature)
Date:
(7) Fraud and False Statements: The reports and other documents required of the industrial users are subject to the provisions of 18 U.S.C. § 1001 relating to fraud and false statements and the provisions of section 309(c)(4) of the Act, as amended, governing false statements, representation, or certification in reports required under the Act and the provisions of section 309(c)(6) regarding responsible corporate officers.
(8) Notification Of Changed Discharge: All industrial users shall notify the Public Works Director thirty (30) days prior to discharge of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(9) Notification Of Potential Problems: All industrial users shall notify the Superintendent immediately of all discharges that could cause problems to the POTW, and follow with written documentation to the Public Works Director and Superintendent within five (5) days of notifying the Superintendent. Significant industrial users are required to notify the Superintendent and Public Works Director immediately of any changes at its facility affecting the potential for a slug discharge.
(10) If required by the POTW, the user shall provide an action plan for the control of slug discharges containing those elements set forth in 40 CFR 403.8(f)(2)(vi). With or without such plan, any permitted user or user subject to a special agreement shall immediately notify the POTW concerning any slug discharge or similar unexpected release. If such a discharge is known or anticipated, such notice shall be provided as soon as practicable. If a changed discharge or other change is experienced or anticipated, notification shall be provided as soon as possible in accordance with subsections (8) and (9).
(11) Timing:
A. 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 U.S. Postal Service, the date of receipt of the report shall govern.
B. Due dates falling on a weekend will be due the following Monday. Reports due on a holiday will be due on the business day following the holiday.
(12) Hazardous Waste Notification:
A. Any user that is discharging fifteen (15) kilograms of hazardous wastes as defined in 40 CFR 261 (listed or characteristic wastes) in a calendar month or any facility discharging any amount of acutely hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e) is required to provide a onetime notification in writing to the City, the Director of the EPA Region Office of Air, Waste and Toxic Chemicals, and the Idaho Department of Health and Welfare Hazardous Waste Division. Any existing user exempt from this notification shall comply with the requirements contained herein within thirty (30) days of becoming aware of a discharge of fifteen (15) kilograms of hazardous wastes in a calendar month or the discharge of acutely hazardous wastes to the POTW.
B. This provision shall not be construed to allow a permittee to discharge outside the limits of its permit.
C. Such notification shall include:
1. The name of the hazardous waste as set forth in 40 CFR part 261;
2. The EPA hazardous waste number; and
3. The type of discharge (continuous, batch, or other).
4. If an industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial user:
(A) An identification of the hazardous constituents contained in the wastes;
(B) An estimation of the concentration of such constituents in the waste streams discharged during that calendar month; and
(C) An estimation of the mass of constituents in the waste streams expected to be discharged during the following twelve (12) months.
5. These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.
D. Whenever the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the Public Works Director of the discharge of such a substance within ninety (90) days of the effective date of such regulations.
E. In the case of any notification made under this subsection, an industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(13) Notice Of Potential Problems, Including Accidental Spills, Slug Loadings: Any user shall notify the Public Works Director immediately, via phone, followed by a written notification within five (5) days of all discharges that could cause problems to the POTW, including any slug loadings, as defined in subsection 04-07-05(1) of this article. The notification shall include the concentration and volume and corrective action. Steps being taken to reduce any adverse impact should also be noted during/in written notification.
(14) Expenses, Loss Or Damage From Slug Load Discharge: Any user who discharges a "slug" (or slugs) of pollutants shall be liable for any expense, loss, or damage to the POTW, in addition to the amount of any fines imposed by the Public Works Director, for violations of the discharge permit.
(15) Reports From Users Not Required To Obtain A Permit: All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the City as the Public Works Director may require.
(16) Record Keeping: Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, including documentation associated with best management practices and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 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 following the expiration of the permit. This period shall be automatically extended for the duration of any litigation concerning the user or POTW, or where the user has been specifically notified of a longer retention period by the Public Works Director.
(17) Upon approval of the monitoring waiver and revision of the user's control mechanism by the control authority, the industrial user must certify on each report with the statement below, that there has been no increase in the pollutants in its wastestream due to activities of the industrial 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 parts(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _______ [list pollutant(s)] in the wastewater due to the activities at the facility since filing of the last periodic report under 40 CFR 403.12(e)(1).
(Ord. 2751, 6-16-2008; Ord. 3364, 8-16-2021)