1043.05 INDUSTRIAL WASTEWATER MONITORING AND REPORTING.
   (a)   Discharge Reports.
      (1)   Baseline Monitoring Report; ninety day compliance report. Within 180 days after the effective date of a categorical pretreatment standard, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the Municipality a Baseline Monitoring Report (BMR), on a form provided by the Municipality, 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's facility which are limited by such pretreatment standards or requirements.
A completed wastewater discharge permit application form may fulfill the requirement for a BMR if all conditions and time frames are met.
New sources and sources that become industrial users after promulgation of an applicable categorical standard, shall be required to submit to the Municipality the BMR at least ninety days prior to commencement of discharge.
The BMR shall be signed by an authorized representative of the industrial user.
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 industrial user subject to pretreatment standards and requirements shall submit to the Municipality a report, on a form provided by the Municipality, indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements.
The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what is necessary to bring the user into compliance with the applicable pretreatment standards or requirements.
The ninety day compliance report shall be signed by an authorized representative of the industrial user.
      (2)   Periodic compliance reports. Any user subject to a pretreatment standard or requirement shall periodically submit to the Municipality a report indicating the nature and concentration of pollutants in the effluent which are limited by pretreatment standards or requirements. Such reports shall be submitted according to the frequency prescribed in the user's wastewater discharge permit. Periodic compliance reports shall be signed by an authorized representative of the industrial user.
      (3)   Certification. All reports and applications required to be filed under this section shall be signed by an authorized representative of the industrial user under the following certification statement:
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.
      (4)   Signatures on reports. The reports required by this section shall be signed by an authorized representative of the industrial user, as follows:
         A.   A responsible corporate officer if the industrial user submitting the reports is a corporation. A responsible corporate officer means a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or the manager of one or more manufacturing, production or operation facilities if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
          B.   By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship; or
         C.   By a duly authorized representative of the individuals described in paragraphs (4)A. and B. hereof.
      (5)   Basis of reports. The reports required by this section shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period.
      (6)   Contents of periodic discharge monitoring report. If an industrial user monitors any pollutant more frequently than required by the Municipality, the results of this monitoring shall be included in the periodic discharge monitoring report.
      (7)   Sampling and analysis procedures. All sampling and analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto.
   (b)   Record Maintenance and Wastewater Monitoring Facilities.
      (1)   All industrial users shall retain and preserve, for no less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of an industrial user in connection with its discharge. All records which pertain to materials which are subject to administrative adjustment or any other enforcement or litigation activities brought by the Municipality pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
      (2)   Such records shall be made available upon request by the Municipality. A summary of such data indicating the industrial user's compliance with this chapter shall be prepared quarterly by the Municipality and submitted to the Subdistrict.
      (3)   The owner or operator of any premises or facility discharging industrial wastes into the system may be required to install, at his or her own cost and expense, suitable facilities to obtain accurate samples of wastewater flow into the POTW. Such facilities shall be maintained in proper working order and kept safe at all times.
      (4)   When more than one user can discharge into a common sewer, the Municipality may require installation of separate monitoring facilities for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Municipality may require that separate monitoring facilities be installed for each separate discharge.
      (5)   Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Municipality's requirements and all applicable construction standards and specifications.
         (Ord. 5-91. Passed 2-26-91; Ord. 18-92. Passed 7-7-92.)