(a) Baseline monitoring reports.
(1) Within 180 days after either 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, users subject to a categorical pretreatment standard who are currently discharging to, or scheduled to discharge to, the POTW shall submit to the director a report which contains the information listed in subsection (a)(2) a. through h. below. At least 90 days prior to commencement of their discharge, new sources, and sources that become subject to categorical pretreatment standards subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsection (a)(2)a. through h. 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.
(2) Users described above shall submit the information set forth below:
a. Identifying information. The name and address of the facility, including the name of the operator and owner.
b. Environmental permits. A list of any environmental control permits held by or for the facility.
c. Description of operations. A brief description of the nature, average 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.
d. 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 wastestream formula set out in 40 CFR 403.6(e).
e. Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass of regulated pollutants in the discharge from each regulated process, where required by the standard or by the director. Instantaneous, daily maximum, and long-term average concentrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (j) of this section.
3. Sampling must be performed in accordance with procedures set out in subsection (l) of this section and 40 CFR 403.12(b)and(g), including 40 CFR 403.12(g)(4).
f. Certification. A statement, reviewed by the user's current authorized representative as defined in section 36-172, Definitions: "Authorized Representative User" and certified by a licensed professional engineer, 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 to meet the pretreatment standards and requirements.
g. 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. 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 subsection (b) of this section.
h. Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 36-175(b)(3) of this division.
(b) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by section 36-176(a)(2)g.:
(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 progress increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the director no later than 14 days following each date in the schedule and the final date of compliance, including in such report, at a minimum, statements as to 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
(4) In no event shall more than nine months elapse between such progress reports to the director.
(c) Reports on compliance with categorical pretreatment standard deadline. Within 90 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 director a report containing the information described in subsection (a)(2)d. through f. of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), 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 section 36-175(b)(3).
(d) Periodic compliance reports.
(1) All users required to obtain a wastewater discharge permit shall, at a frequency determined by the director but for SIU's in no case less than once every six months, submit a report to the director indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or applicable flows for the reporting period. Sampling and analysis must be performed in accordance with procedures set out in section 36-176(k) and (l) of this ordinance. All periodic compliance reports must be signed and certified in accordance with section 36-175(3) of this ordinance.
(2) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring and flow measurement facility in good working order shall not be grounds for the user to claim that sample results are not representative of its discharge.
(3) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in subsection (j) of this section, the results of this monitoring shall be included in the report.
(e) Reports of changed conditions. Each user must notify the 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 45 days before the change. The permittee shall not begin the changes until receiving written approval from the control authority and/or the POTW, if different than the control authority. See section 36-176(a)(2)f.4. for other reporting requirements.
(1) The director may require the user to submit such information as the director may deem necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 36-175(b).
(3) For purposes of this requirement, significant changes include, but are not limited to, flow or pollutant increases of 20 percent (20%) or greater, and the discharge of any previously unreported pollutants; increases or decreases in production; discharge of pollutants not previously reported to the control authority and/or POTW; new or changed product lines; new or changed manufacturing processes; or new or changed chemicals used or stored.
(f) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load as defined in section 36-172: Definitions, "Slug Load or Discharge" that may cause potential problems for the POTW, the user shall immediately notify the director by telephone of the discharge. 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 days following such discharge, the user shall, unless the user receives a written waiver from the director, submit a detailed written report describing the cause(s) of the discharge and the measures taken, or to be taken, by the user to prevent future similar occurrences. Such notification shall not relieve the user of any liability for any expense, loss, damage, personal injury, or other claim which may be suffered or incurred as a result of damage to the POTW, damage to 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 division.
(3) A notice shall be permanently posted on the user's bulletin board or some other prominent place advising employees of whom to call in the event of a discharge described in subsection (f)(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
(4) All SIUs are required to notify the director immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch, or slug load as defined in section 36-172 Definitions: "Slug Load of Discharge".
(g) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require. All users classified as non-significant categorical industrial users under section 36-187 of this division shall provide appropriate reports to the director as the director may require. At a minimum this shall include the annual certification of continuing to meet the non-significant categorical industrial user criteria as required under 40 CFR 403.12(q).
(h) Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates noncompliance or any other violation, the user must notify the director within 24 hours of becoming aware of the violation. The user shall also immediately repeat the sampling and analysis and submit the results of the repeat analysis to the director within 30 days after becoming aware of the violation. If allowed by the director, the user is not required to resample:
1. If the director monitors at the user's facility at least once a month,
2. If the director samples between the user's initial sampling and the time when the user receives the results of this sampling.
(i) Control authority repeat sampling in lieu of permittee self-monitoring. If the director does not require the user to perform any self-monitoring and the POTW sampling of the user indicates a violation, the director shall repeat the sampling and obtain the results of the repeat analysis within thirty (30) days after becoming aware of the violations, unless one of the following occurs:
1. The director monitors at the user's facility at least once a month; or
2. The director samples the user between their initial sampling and when the POTW receives the results of this initial sampling; or
3. The director requires the user to perform sampling and submit the results to the director with the 30 day deadline of the POTW becoming aware of the violation.
(j) Notification of discharge of hazardous waste.
(1) If a user wishes to commence discharge of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261, such user shall not commence such discharge until written approval from the director has been received, unless such discharge is exempt under subsection (j)(2) below. To obtain such approval, the user shall notify the director, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of the desired discharge, and make application to the director for approval of such discharge. Such notification must include the name of the hazardous waste, as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other) proposed. If the user desires to discharge more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information, to the extent such information is known and readily available to the user:
a. An identification of the hazardous constituents contained in the wastes;
b. An estimation of the mass and concentration of such constituents in the wastestream discharge during the first calendar month; and
c. An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
All notifications and applications must be submitted to the director for his review and assessment at least 180 days prior to the date the user desires to commence the discharge. The user shall not begin the discharge until receiving written approval from the director. The notification and application under this paragraph need be submitted only once for each hazardous waste discharge; however, notifications of changed conditions must be submitted under subsection (e) of this section. The notification and director approval requirement in this section does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of subsections (a), (c), and (d) of this section.
(2) Users are exempt from the requirements of subsection (j)(1) above for discharges that contain 15 kilograms or less of hazardous wastes, unless the wastes are acute hazardous wastes, as specified in 40 CFR 261.30(d) and 261.33(e). The discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or the discharge of any quantity of acute hazardous wastes, as specified in 40 CFR 261.30(d) and 261.33(e), requires the prior written approval of the director.
(3) In the case of any new regulation under section 3001 of the RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification and application made under this section, the 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.
(5) This subsection does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.
(k) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed by a laboratory certified by the state to perform the wastewater analyses in accordance with the techniques prescribed in 40 CFR 136, unless otherwise specified in an applicable categorical pretreatment standard or otherwise performed in accordance with procedures approved by EPA or the director. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA and the director.
(l) Grab and composite sample collection.
(i) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(ii) Grab samples must be used for temperature, pH, cyanide, total phenols, oil and grease, sulfide, volatile organic compounds, and any other pollutants as required by 40 CFR 136. The POTW shall determine the number of grabs necessary to be representative of the user's discharge. See 40 CFR 403.12(g)(5) for additional grab sample number requirements for BMR and 90 Day Compliance Reports. Additionally, the [POTW director] may allow collection of multiple grabs during a 24-hour period which are composited prior to analysis as allowed under 40 CFR 136.
(iii) Composite samples: All wastewater composite samples shall be collected with a minimum of hourly aliquots or grabs for each hour that there is a discharge. All wastewater composite samples shall be collected using flow proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the [POTW director]. When authorizing time-proportional composites or grabs, the samples must be representative and the decision to allow the alternative sampling must be documented.
(m) Timing. Written reports to the director shall be deemed to have been submitted on the date postmarked. For reports which are not deposited, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report by the director shall govern.
(n) Recordkeeping. Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include:
(1) The date, exact place, method, and time of sampling;
(2) The name of the person(s) taking the samples;
(3) The dates analyses were performed;
(4) Identification of the person(s) who performed the analyses;
(5) The analytical techniques or methods used; and
(6) The results of such analyses.
These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the town, or where the user has been specifically notified of a longer retention period by the director.
(o) Electronic reporting. The director may develop procedures for receipt of electronic reports for any reporting requirements of this ordinance. Such procedures shall comply with 40 CFR Part 3. These procedures shall be enforceable under section 36-179.
(p) Special reporting requirements for industrial users in satellite POTWs. In the case of industrial users located in satellite POTW organization's jurisdiction, all information required to be reported to the industrial user's pretreatment program control authority shall be reported to the POTW treatment plant organization.
(Code 1982, § 19-94; Ord. No. 94-036, 12-8-1994; Ord. No. 06-004, 3-9-2006; Ord. No. 2007-20, 12-13-2007; Ord. No. 2011-Code-09, 12-15-2011)