§ 13-10-2 ADDITIONAL PRETREATMENT REQUIREMENTS FOR CATEGORICAL INDUSTRIAL USERS.
   In the event that either the village, EPA or a user determines that the user is regulated as a categorical industrial user by standards and requirements promulgated by the USEPA in accordance with Section 307 (b) and (c) of the Act, the following reports are required to be filed by the user with both the village and USEPA.
   (A)   Baseline monitoring reports. Within either 180 calendar days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the Pretreatment Coordinator a report which contains the information listed below. At least 90 calendar 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 Pretreatment Coordinator a report which contains the information listed 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. Users described above shall submit the information set forth below.
      (1)   Identifying information. The name and address of the facility, including the name of the operator and owner.
      (2)   Environmental permits. A list of any environmental control permits held by or for the facility.
      (3)   Description of operations. A brief description of the nature, average rate of production, (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
      (4)   Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the Combined Waste Stream Formula set out in 40 CFR 403.6(e).
      (5)   Measurements of pollutants.
         (a)   The user shall identify the categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
         (b)   The user shall submit the results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Pretreatment Coordinator, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires a best management practice or pollution prevention alternative, the user shall submit documentation as required by the Pretreatment Coordinator or the applicable standards to determine compliance with the standard;
         (c)   The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph. A minimum of four grab samples are required for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds;
         (d)   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 the use of the Combined Wastestream Formula of 40 CFR 403.6(e) in order to evaluate compliance with pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the control authority;
         (e)   Sampling must be performed in accordance with procedures set out in § 13-6-8 and shall be analyzed in accordance with procedures set out in § 13-6-9;
         (f)   The Pretreatment Coordinator 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; and
         (g)   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 village.
      (6)   Compliance certification. A statement, reviewed by the user's authorized representative of the user (as defined in § 13-5-6), 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 for the user to meet the pretreatment standards and requirements.
      (7)   Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest 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) of this section.
      (8)   Signature and report certification. All baseline monitoring reports must be signed and certified in accordance with § 13-8-6.
   (B)   Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by division (A)(7) of this section.
      (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 calendar months;
      (3)   The user shall submit a progress report to the Pretreatment Coordinator no later than 14 calendar 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;
      (4)   In no event shall more than nine calendar months elapse between such progress reports to the Pretreatment Coordinator; and
      (5)   All compliance schedule progress reports must be signed and certified in accordance with § 13-8-6.   
   (C)   Reports on compliance with categorical pretreatment standard deadline. Within 90 calendar 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 Pretreatment Coordinator a report containing the information described in division (A) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c) and § 13-6-3, 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 § 13-8-6.
(Ord. 2020-06-18, passed 6-15-2020)