(A) Baseline monitoring report.
(1) Within either 180 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 significant 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 city a report which contains the information listed in division (B) of this section. At least 90 days prior to commencement of a proposed discharge, new sources, and sources that become significant industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in division (A)(2) of this section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2) The industrial user shall submit the information required by this section including:
(a) Identifying information. The name and address of the facility including the name of the operator and owners.
(b) Wastewater discharge permits. A list of any environmental control wastewater discharge 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 industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from regulated processes.
(d) Flow measurement. Information showing the measured averaged 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 wastestreams formula set out in 40 CFR 403.6.
(e) Measurement of pollutants.
1. Information concerning the categorical pretreatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. 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 division (J) of this section. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention (P2) alternative, the user shall submit documentation as required by the CA or applicable standards to determine compliance with the standard.
3. Sampling must be performed in accordance with procedures set out in division (K) of this section.
(f) Certification. A statement reviewed by the industrial user's authorized representative 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 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 industrial 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. To assess and assure compliance, the SIU must submit compliance schedule progress reports. A compliance schedule pursuant to this section must meet the requirements set out in division (B) of this section.
(h) All baseline monitoring reports must be signed and certified in accordance with § 51.075.
(B) Compliance schedule progress report. The following conditions shall apply to the schedule required by subdivision (A)(2)(g) of this section. 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 hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Superintendent no later than 14 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 industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(C) Compliance with categorical pretreatment standard deadline report. 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 industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subdivisions (A)(2)(d) through (f). For industrial 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 industrial user's long term production rate. For all other industrial 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 industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 51.075(G).
(D) Periodic compliance reports.
(1) Any significant user or significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Superintendent but in no case less than twice per year (except for IUs which fall under the NSCIU category or qualify for a monitoring waiver or reduced monitoring per 40 CFR §§ 403.3(v)(2), 403.8(f)(2)(v), 403.12 (e)(1), (2) and (3)), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention (P2) alternative, the user shall submit documentation as required by the CA or applicable standards to determine compliance with the standard. All periodic compliance reports must be signed and certified in accordance with § 51.075(G).
(2) All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times at the expense of the permit holder. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
(3) If an industrial user subject to the reporting requirement in and of this section monitors any pollutant at the identified sampling location more frequently than required by the POTW by using the procedures prescribed in division (K) of this section, the results of this monitoring shall be included in the report.
(4) If approved by the city, the industrial user may submit electronic reports, however the user must submit hard copies of the documents within five working days.
(5) Waiver of pollutant sampling.
(a) The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated, through sampling and other technical factors, that the pollutant is neither present nor expected to be present in the discharge, or, if present, is only present at background levels from intake water, without any increase in the pollutant due to activities of the industrial user.
(b) The authorization is subject to the following conditions:
1. The pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater: is not regulated by an applicable categorical standard; and cm includes no process wastewater.
2. The waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The industrial user must submit a new request for a waiver when a subsequent individual wastewater discharge permit is granted.
3. The industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility. The process wastewater sample must be representative of wastewater from all processes.
5. Non-detectable sample results may be used as a demonstration that a pollutant is not present if the EPA-approved method from Title 40, Code of Federal Regulations, Part 136, as amended, with the lowest minimum detection level for that pollutant was used in the analysis.
6. Any waiver by the Superintendent must be included as a condition in the industrial user's permit. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver must be maintained by the Superintendent for a period of three years after the expiration of the waiver.
7. The industrial user must certify that there has been no increase of the pollutant in its wastestream due to its activities. The certification must appear on all future reports, along with the statement in Section 49-5ICm).
8. If a waived pollutant is found to be present or is expected to be present because of changes occurring in the industrial user's operations, the industrial user must immediately comply with the sampling requirements of § 51.077(D)(1) or other more frequent sampling requirements imposed by the Superintendent; and notify the Superintendent.
9. This division does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise provided in the categorical pretreatment standards.
(E) Report of changed conditions. Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 120 days before the change.
(1) The Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 51.075(F).
(3) No industrial user shall implement the planned changed condition(s) until and unless the Superintendent has responded to the industrial user's notice.
(4) For purposes of this requirement flow increases of 10% or greater, and the discharge of any previously unreported pollutants, shall be deemed significant.
(5) Notification is required in advance of any substantial change in the volume or character of pollutant in the discharge, including listed or hazardous wastes for which the IU has submitted initial notification under 40 CFR 403.12(p).
(6) Notification is required for any discharge of hazardous waste in accordance with 40 CFR 403.12(p) and § 51.077(I).
(F) Report of potential problems.
(1) In the case of any discharge including, but not limited to, accidental discharges, discharges of non-routine, episodic nature, a non-customary batch discharge, a slug discharge, or a slug load which may cause or have the potential to cause problems for the POTW (including a violation of the prohibited discharge, discharge standards in § 51.073(A)), it is the responsibility of the industrial user to immediately telephone and notify the Superintendent of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
(2) Within five days following such discharge, the industrial user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by the Superintendent or the city pursuant to this subchapter.
(3) Failure to notify the city of discharges or potential discharges that may cause interference or pass through, damage the POTW, or pose a threat to POTW worker safety, or a threat to the general public, shall be deemed a separate violation of this subchapter.
(4) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (F)(1) of this section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of emergency notification procedure.
(5) SIUs are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
(G) Reports from nonsignificant industrial users.
(1) All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the Superintendent may require.
(2) Reports from non-significant categorical industrial users. All NSCIUs pursuant to 40 CFR § 403.3(v)(2) shall annually submit the following certification statement to the Superintendent, signed in accordance with the signatory requirements in paragraph § 403.3(l). This certification must accompany any alternative report required by the city:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from ________ ____, to ________, ____ [month, days, year]:
(a) The facility described as ________ [facility name] met the definition of a non-significant categorical Industrial User as described in § 403.3(v)(2); (b) the facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information:
(H) Notice of violation, repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Superintendent within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's facility or plant at least once a month, or if the POTW performs sampling between the time of the industrial user's initial sampling and the time when the industrial user receives the results of this sampling, or if the POTW has performed the sampling and analysis in lieu of the industrial user.
(I) Notification of the discharge of hazardous waste.
(1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, EPA, and TCEQ authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user proposed 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 industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under division (E) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 51.073(A), (C), and (D).
(2) Dischargers are exempt from the requirements of division (I)(1) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time predischarge notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and TCEQ authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this division, the industrial 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.
(J) Analytical requirements.
(1) All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. 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 TCEQ.
(2) The city may select an independent firm or laboratory to collect and analyze samples for which the city is responsible for under this subchapter.
(3) The city has the authority to reject data from laboratories which do not have adequate quality assurance and/or quality control procedures. Data submitted in monitoring reports to the city must be legally defensible.
(K) Sample collection.
(1) Except as indicated in divisions (2) and (3) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, or time-proportional composite sampling or grab sampling is authorized by the Superintendent in the permit. Note: Daily discharge is required to be defined as “the discharge of a pollutant” measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by POTW, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits, if applicable.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in § 51.077 (A) and (C) and 40 CFR § 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. Sampling requirements, which previously only applied to BMRs and 90-day reports, extend to reports on continued compliance and noncategorical SIU reports (40 CFR §403.12(g)(1) and (3)). For the reports required by paragraphs in § 51.077(D) and 40 CFR § 403.12(e) and § 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements. The city may require that more than four grab samples be taken and separately analyzed to ensure that sampling is representative (where the city cannot verify that previous techniques were representative, such data will not support the use of this alternative practice). Where there is a change to existing IU operation, (for example, the addition of treatment) historic data that does not represent the current discharge will not be able to be used to justify a lower minimum of grab samples.
(4) Non-detectable sample results. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(5) Where the city has performed the sampling and analysis in lieu of the industrial user, then the city shall perform the repeat sampling and analysis. If the city notifies the industrial user of the violation and requires the industrial user of the violation and requires the industrial user to perform repeat sampling and analysis then submission of the results are due within a 30 day time frame. Resampling is not required if the following are performed: (1) the city performs the sampling at the IU at a frequency of at least once per month or (2) the city performs sampling at the IU between the time when the initial sampling was conducted and the time when the IU or the city receives the results of this sampling [40 CFR §403.12(g)(2)].
(6) Sampling must be taken within a 24-hour period, however, the sample should only be collected during the portion of the 24-hour period that the IU is discharging from the regulated process and/or pretreatment unit (as long as regulated process wastewater is flowing through the pretreatment unit). During parts of the day when there is no discharge of process wastewater, standing water shall not be disproportionately sampled and analyzed as it would not be representative of the discharge from the IU. The city shall only approve a sampling protocol that produces representative results and is based on (operation conditions and physical configuration of the IU facility). The city shall require documentation of site-specific circumstances prior to allowing alternate sampling by including the alternate sampling in the IU control mechanism. The city shall require documentation of how alternate sampling techniques are representative of the discharge.
(L) Determination of noncompliance. The Superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards.
(M) Timing for submitted reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of report shall govern.
(N) Record keeping.
(1) Any industrial user subject to reporting requirements established in this subchapter shall maintain records of all information resulting from any monitoring activities required by this subchapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under § 51.073. Such records shall include for all samples:
(a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(b) Dates analyses were performed;
(c) Who performed the analyses;
(d) The analytical techniques/methods used; and
(e) The results of such analyses.
(2) Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this subchapter. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this subchapter, or where the industrial user has been specifically notified of a longer retention period by the Superintendent.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)