(A) Notification of slug load or accidental discharge or accidental spill. It is the responsibility of all industrial users to immediately telephone and to notify the District of any slug load or accidental discharge, as defined in § 35.053(F). Notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
(1) Written notice. Within five days following the accidental discharge or slug load, the user shall submit to the General Manager a detailed written report describing the cause of the incident 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 District facilities, fish kills or any other damage to person or property; nor shall notification relieve the user of any fines, penalties or other liability which may be imposed by this chapter or other applicable law.
(2) Notice to employees. Users who are employers shall permanently post a notice on their bulletin board or other prominent place advising employees of the user whom to call in the event of such a discharge. The user shall ensure that all employees who may cause or suffer such discharge to occur are advised of the emergency notification procedure.
(B) Prior notification of change in volume or character of wastewater. All users shall promptly notify the District, in writing (except in emergencies where telephone notification is acceptable), prior to:
(1) Any new or increased discharge or any change in nature of their discharge which discharge does not meet pretreatment standards or requirements or has the reasonable potential to cause the District to violate its NPDES permit or to cause problems to the District wastewater system; and
(2) Any substantial change in volume or character of pollutants in their discharge, including listed or characteristic hazardous wastes.
(C) Baseline report.
(1) All class I and II industrial users, subject to national categorical pretreatment standards, shall submit to the District a baseline report within 180 days of the effective date of a national categorical pretreatment standard or 180 days after final decision on a category determination by EPA or the state, whichever is earlier. The baseline report shall contain the information specified in 40 C.F.R. § 403.12(b).
(2) The information required for application for a permit under § 35.053(A) and/or for modification of a permit under § 35.053(F) may fulfill the requirements of the baseline report. If, in submitting information to apply for or modify a permit, the user also intends to fulfill the requirements for the baseline report, the user shall so state.
(D) Compliance report. Within 90 days following the date for final compliance with applicable pretreatment standards or requirements or, in the case of a new user, following commencement of the introduction of wastewater into the POTW, any class I, II or IV user subject to pretreatment standards or requirements shall submit to the District a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements, the average and these process units. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operational and maintenance changes and/or 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 and a certified qualified professional. Filing of this compliance report cannot relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law or failure to meet the applicable pretreatment standards or requirements subsequent to the date for final compliance with such applicable standard. Class III users may be required to complete a pretreatment survey of best management practices.
(E) Periodic compliance reports.
(1) (a) Class I and II industrial users shall submit a report to the District twice a year or more frequently as specified in the permit or permit contract.
(b) Class III industrial users may be required to submit periodic compliance reports depending on the nature of their discharge. Periodic compliance reports shall be submitted within 45 days of collection of the wastewater samples or by the due date specified in the permit.
(c) The compliance report shall contain such information as may be deemed by the District to be necessary to ensure compliance with the provisions of this chapter.
(d) Compliance reports shall, at a minimum, contain the following:
1. The nature and concentration of pollutants which are limited by pretreatment standards or requirements or which are specified in the permit or permit contract for each regulated waste stream;
2. A record of average daily flow for the reporting period for each regulated waste stream;
3. Such other wastewater effluent data as the user has obtained since the last compliance report, whether or not that data is specifically required by the user’s permit or permit contract;
4. Methods utilized by the user in collecting the wastewater sample for analysis, including, but not limited to, the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used and date of sample delivery to the laboratory for analysis; and
5. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the user’s permit or permit contract, the user shall inform the District within the next business day, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within 30 days of the discovery of the first violation. The initial sampling and analysis report shall be submitted within 45 days of the initial sampling date with a cover report setting forth the causes of the violation, the remedial actions taken to date in regard to the violation and the scheduled additional actions which will be implemented to prevent a reoccurrence.
(2) The District may also at any time require a signed statement by the user setting forth management practices and/or material usage practices which have been an effect on the nature, volume and quality of the wastewater discharge and/or which potentially will affect the ability to comply with pretreatment standards requirements.
(3) (a) The District may impose mass limitations on users where the imposition of mass limitations is appropriate. In such cases, the report required under division (A) above shall indicate the mass of pollutants regulated by pretreatment standards or requirements in the effluent of the user.
(b) These reports shall contain the results of all sampling and analysis of the discharge, including the flow, concentration and mass of pollutant regulate by the applicable pretreatment standard or requirement.
(c) The user shall provide the actual average production rate of the regulated processes during the reporting period.
(Ord. 2022-02, passed 3-31-2022)