(A) Compliance date report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or pretreatment requirements or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to categorical pretreatment standards and pretreatment requirements shall submit to the Superintendent a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by categorical pretreatment standards and pretreatment requirements and the average and maximum daily flows for these process units in the user’s facility which are limited by the categorical pretreatment standards and pretreatment requirements. The report shall state whether the applicable categorical pretreatment standards and pretreatment requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the industrial user into compliance with the applicable categorical pretreatment standards and pretreatment requirements. This statement shall be signed by an authorized representative of the industrial user and certified to by a registered professional qualified to certify the report.
(B) Periodic compliance reports. Periodic compliance reports shall be made as follows.
(1) Any significant industrial user, whether subject to categorical pretreatment standards or pretreatment requirements or not, after the compliance date of the categorical pretreatment standards or pretreatment requirements, or, in the case of a new source after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently in the categorical pretreatment standards or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by the categorical pretreatment standards or pretreatment requirements. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow. At the discretion of the Superintendent and in consideration of such factors as local high or low flow rates, holidays, budget cycles and the like, the Superintendent may agree to alter the months during which the above reports are to be submitted.
(2) (a) The Superintendent may impose mass limitations on industrial users which are using dilution to meet applicable categorical pretreatment standards or pretreatment requirements, or in other cases where the imposition of mass limitations is appropriate. In these cases, the report required by division (B)(1) above of this division shall indicate the mass of pollutants regulated by categorical pretreatment standards or pretreatment requirements in the effluent of the industrial user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration or production and mass where requested by the Superintendent, of pollutants contained therein which are limited by the applicable categorical pretreatment standards or pretreatment requirements. The frequency of monitoring shall be prescribed in the wastewater discharge permit. All analyses shall be performed in accordance with procedures pursuant to § 304(h) of the Act, being 33 U.S.C. § 1314(h), and contained in 40 C.F.R. Part 136 and amendments thereto. Sampling shall be performed in accordance with the techniques approved by the Superintendent.
(b) Where 40 C.F.R. Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto, or with any other sampling and analytical procedures approved by the Administrator.
(3) If a user subject to the reporting requirements in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Superintendent, using the procedures prescribed in division (B)(2) above, the results of this monitoring shall be included in the report.
(C) Upset reports. For the purposes of this section, UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operation error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
(1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (C)(2) below are met.
(2) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
(a) An upset occurred and the user can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(c) The user has submitted the following information to the Superintendent within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(3) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(4) Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(5) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(D) Sample collection. Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
(1) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(2) For sampling required in support of baseline monitoring and 90-day compliance reports required per 40 C.F.R. 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. For periodic compliance reports and reports for industrial users not subject to categorical pretreatment standards required per 40 C.F.R. 403.12(e) and 403.12(h), the Superintendent shall require the number of grab samples necessary to assess and assure compliance by the applicable pretreatment standards and requirements.
(1999 Code, § 101.12) (Ord. 2558, passed 11-28-2017) Penalty, see §
52.999