(A) Industrial users subject to National Categorical Pretreatment Standards shall submit baseline reports to the POTW in a form prescribed and furnished by the POTW.
(B) Within 180 days after the effective date of a National Categorical Pretreatment Standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with 40 CFR 403.6(a)(4), whichever is later, industrial users that are existing sources subject to such National Categorical Pretreatment Standards and currently discharging to the POTW shall submit a properly completed baseline report.
(C) New sources, when subject to a National Categorical Pretreatment Standard, shall install and start up technology prior to discharge, and achieve compliance within the shortest time feasible, not to exceed 90 days after commencement of discharge.
(D) In support of the baseline report, the industrial user shall submit, in units and terms specified in the application, the following information:
(1) Name and address of the facility including the name of the operator and owners.
(2) List of any environmental control permits held by or for the facility.
(3) Brief description of the nature, average rate of production, and standard industrial classification of the operations carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.
(4) Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(a) Regulated process streams; and
(b) Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).
(5) (a) The industrial user shall identify the National Categorical Pretreatment Standards applicable to each regulated process, and shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations.
(b) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The Control Authority may waive flow-proportional composite sampling for any industrial user that demonstrates that flow proportional sampling is infeasible. In such cases samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(c) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division.
(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 use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the 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 POTW.
(6) The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance measures (O&M) or additional pretreatment is required for the industrial user to meet the National Categorical Pretreatment Standards.
(7) If additional pretreatment or O&M will be required to meet the National Categorical Pretreatment Standards, the industrial user will provide the shortest schedule which will provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard.
(a) Where the industrial user's National Categorical Pretreatment Standard has been modified by a removal allowance (40 CFR 403.7) or the combined waste stream formula (40 CFR 403.6(e)), or net/gross calculations (40 CFR 403.15), at the time the industrial user submits a baseline report the information required in § 51.44(D)(6) and (7) shall pertain to the modified limits.
(b) If the National Categorical Pretreatment Standard for the industrial user is modified after the Baseline Report is submitted, the industrial user shall make any necessary amendments to information provided as a response to § 51.44(D)(6) and (7) and submit them to the POTW within 60 days after the modified limit is approved.
(8) The following conditions shall apply to any schedule submitted in response to § 51.44(D)(7):
(a) The schedule shall contain increments of progress 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 National Categorical Pretreatment Standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
(b) No increment referred to in § 51.44(D)(8)(a) shall exceed nine months.
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the POTW.
(9) Such other information as may be reasonably requested by the POTW.
(Ord. passed 2-8-94) Penalty, see § 51.99