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A notice or notices approved by the Chief Executive Officer shall be permanently posted in an unobstructed, prominent place or places within the working areas of significant industrial users, or other users as the Chief Executive Officer deems necessary, which advise employees of whom to call in the event of a dangerous chemical discharge or potential discharge. These users shall ensure that all employees who may cause or suffer to cause a discharge to occur are advised of the emergency notification procedures. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
A. Significant industrial users which discharge process wastewaters determined by the Chief Executive Officer to contain pollutants necessitating continuous pH adjustment shall, subsequent to notification by the Chief Executive Officer, install a continuous recording pH meter as approved by the Chief Executive Officer. The meter shall be installed, operated and maintained at the user's own cost and expense. The records generated by this meter shall be retained for three (3) years and shall be made available to the Chief Executive Officer upon request.
B. The Chief Executive Officer may order other users of the wastewater treatment system to install and maintain similar equipment as necessary to assure compliance with this article. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
Whenever it shall be deemed necessary by the Chief Executive Officer to protect the wastewater system, industrial users may be required to submit documented plans describing the handling of materials regulated by part 7 of this article or other pretreatment standards for the Chief Executive Officer's approval. The plans may include, but not be limited to, description of plant or process closure procedures, procedures to control slug discharges and other nonroutine batch discharges, spill prevention procedures, toxic organic management procedures, hazardous wastes handling, storage and disposal procedures, and Best Management Practice plans. The approval shall not exempt the user from compliance with any applicable code, ordinance, rule, regulations or order of any government authority. The approval shall not be construed as or act as a guarantee or assurance that any discharge or materials handling procedure is or will be in compliance with any applicable code, ordinance, rule, regulations or order of any government authority. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 18-42)
A. Questionnaire Required: Industrial users shall file an industrial wastewater discharge questionnaire on forms provided by the Chief Executive Officer. Unless otherwise required by the Chief Executive Officer, these forms shall be completed and filed not later than thirty (30) days after receipt of the report forms from the Chief Executive Officer.
B. Information Required: The industrial wastewater discharge questionnaire shall indicate the current status of the user and shall include, but, in the discretion of the Chief Executive Officer, shall not be limited to, nature of process, volume, rates of flow, production quantities, hours of operation, concentrations of substances regulated under part 7 of this article or other information which relates to the generation of waste. The questionnaire may also include the chemical constituents and quantity of liquid materials stored on site even though they are not normally discharged.
C. Baseline Monitoring Report: Within one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or one hundred eighty (180) days after the final administrative decision made upon a category determination submission under 40 CFR section 403.6(a)(4), whichever is later, existing 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 Chief Executive Officer a report which contains the information listed in subsections C1 through C7 of this section. At least ninety (90) days prior to commencement of discharge, new sources subject to categorical standards, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Chief Executive Officer a report which contains the information listed in subsections C1 through C5 of this section, plus report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, may give estimates of the information requested in subsections C4 and C5 of this section:
1. Identifying Information: The user shall submit the name and address of the facility including the name of the operator and owners;
2. Permits: The user shall submit a list of any environmental control permits held by or for the facility;
3. Description Of Operations: The user shall submit a brief description of the nature, average rate of production and standard industrial classification of the operations carried out by the user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
4. Flow Measurement: The user shall submit information showing the measured average daily and maximum daily flow of the discharge from the user to the POTW, in gallons per day from each of the following:
a. Regulated process streams; and
b. Other wastestreams as necessary to allow use of the combined wastestream formula of 40 CFR section 403.6(e). The Chief Executive Officer may allow for verifiable estimates of these flows where justified by cost or feasibility considerations;
5. Measurement Of Pollutants:
a. The user shall identify the pretreatment standards applicable to each regulated process;
b. The user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standards or Chief Executive Officer) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standards require compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Chief Executive Officer or the applicable standards to determine compliance with the standards;
c. For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in subsections C and D of this section, a minimum of four (4) 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 Chief Executive Officer may authorize a lower minimum. For the reports required by subsections E1 and E2 of this section, the Chief Executive Officer shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and pretreatment requirements;
d. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection C5;
e. 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 section 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accord with 40 CFR section 403.6(e) this adjusted limit along with supporting data shall be submitted to the Chief Executive Officer;
f. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR section 136 and amendments thereto. Where 40 CFR section 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the section 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA;
g. The Chief Executive Officer 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;
h. The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;
6. Certification: A statement, reviewed by an authorized representative of the industrial user 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 and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements; and
7. Compliance Schedule: If additional pretreatment and/or operation and maintenance (O and 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 and M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
a. Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR section 403.7), the combined wastestream formula (40 CFR section 403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR section 403.13) at the time the User submits the report required by this subsection C, the information required by subsections C6 and C7 of this section shall pertain to the modified limits.
b. If the categorical pretreatment standard is modified by a removal allowance (40 CFR section 403.7), the combined wastestream formula (40 CFR section 403.6(e)), and/or a Fundamentally Different Factors variance (40 CFR section 403.13) after the user submits the report required by this subsection C, any necessary amendments to the information requested by subsections C6 and C7 of this section shall be submitted by the user to the control authority within sixty (60) days after the modified limit is approved.
D. Ninety Day Compliance Reports:
1. New Sources: All new sources subject to existing categorical pretreatment standards shall submit a report to the Chief Executive Officer within ninety (90) days from the date of first discharge demonstrating actual and continuing compliance with those standards.
2. Existing Sources: All existing sources required to comply with newly promulgated categorical pretreatment standards shall submit a report to the Chief Executive Officer within ninety (90) days of the date on which compliance is required with those standards demonstrating that actual and continuing compliance with the new standards has been achieved.
3. Minimum Requirements: Any industrial user subject to pretreatment standards and requirements shall submit to the Chief Executive Officer a report containing the information described in subsections C4 through C6 of this section. For industrial users subject to equivalent mass or concentration limits established by the Chief Executive Officer in accordance with the procedures in 40 CFR section 403.6(c), this report shall contain a reasonable measure of the 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 user's actual production during the appropriate sampling period.
E. Self-Monitoring Compliance Report:
1. Categorical Industrial User: Any industrial user subject to a categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge to the POTW, shall submit to the Chief Executive Officer during the months of June and December, unless required more frequently in the pretreatment standard, in the user's permit or control mechanism, or in State or Federal regulations, or by the Chief Executive Officer, a self-monitoring report on forms provided by the Chief Executive Officer indicating the nature and concentration and flow of pollutants in the effluent which are limited by the Chief Executive Officer or the pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in subsection C4 of this section except that the Chief Executive Officer may require more detailed reporting of flows. These reports shall be based on sampling and analysis performed in the period covered by the report, and shall be performed in accord with the techniques described in 40 CFR section 136 and amendments thereto. Effluent monitoring results for any pollutants that are obtained in accord with methods prescribed in 40 CFR section 136 that are in addition to the frequency described in this part or in the user's discharge permit shall be included in the self-monitoring report. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the industrial user must submit documentation required by the Chief Executive Officer or the pretreatment standards to determine the compliance status of the industrial user. At the discretion of the Chief Executive Officer and in consideration of the factors as local high or low flow rates, holidays, budget cycles, etc., the Chief Executive Officer may agree to alter the months during which the above reports are to be submitted.
2. Significant Industrial Users Not Subject To Categorical Pretreatment Standards: Significant noncategorical industrial users must submit to the Chief Executive Officer at least once every six (6) months (on dates specified by the Chief Executive Officer) a description of the nature, concentration, and flow of the pollutants required to be reported by the Chief Executive Officer. In cases where a local limit requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the Chief Executive Officer to determine the compliance status of the user. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR section 136 and amendments thereto. This sampling and analysis may be performed by the Chief Executive Officer in lieu of the significant noncategorical industrial user.
3. Industrial Users: The Chief Executive Officer may require the same self-monitoring compliance reports be submitted by any industrial user the Chief Executive Officer deems necessary to assure compliance with this article.
F. Nonresidential User Questionnaire: Should the Chief Executive Officer deem it necessary to assure compliance with provisions of this article, any nonresidential user of the City wastewater treatment system may be required by the Chief Executive Officer to submit a wastewater discharge questionnaire on forms provided by the Chief Executive Officer. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the industrial user must submit documentation required by the Chief Executive Officer or the pretreatment standards to determine the compliance status of the industrial user. Any user subject to this reporting requirement shall submit a completed report no later than thirty (30) days after receipt of the notification and appropriate forms.
G. Additional Reports: Any holder of a significant industrial user wastewater discharge permit or liquid waste hauler permit shall submit to the Chief Executive Officer the additional reports as specified as conditions of the user's permit or otherwise deemed necessary by the Chief Executive Officer.
H. Authorized Signature; Reports And Records: All reports and questionnaires required to be submitted by the above provisions shall bear the signature of an authorized representative of the discharging entity and shall include the certification statement as set forth in 40 CFR section 403.6(a)(2)(ii). The reports and records shall be retained by the user for a minimum period of three (3) years and shall be made immediately available upon request of the Chief Executive Officer.
I. Violation: If sampling performed by an industrial user indicates a violation, the user shall notify the Chief Executive Officer within twenty four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis for the pollutant that was in violation and submit the results of the repeat analysis to the Chief Executive Officer within thirty (30) days after becoming aware of the violation. The industrial user is not required to resample if the user is adhering to an approved compliance schedule.
J. Notification Of Change In Discharge: All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR section 403.12(p). Additionally, significant industrial users are required to notify the Chief Executive Officer immediately of any changes in their facilities affecting potential for a slug discharge.
K. Notification Of Hazardous Waste Discharge: Industrial users shall notify the Chief Executive Officer, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the POTW of any substance which, if otherwise disposed of, would be considered a hazardous waste under 40 CFR section 261. Each industrial user shall notify the Chief Executive Officer in advance of any substantial change to such discharge. This notification requirement does not apply to pollutants already being reported under the reporting requirements contained elsewhere in this section. The specific information required to be reported and the time frames in which it is to be reported are found at 40 CFR section 403.12(p). The industrial user is responsible for ensuring compliance with the Rules and Regulations Pertaining to Hazardous Waste issued by the Colorado Department of Public Health and Environment (Volume 6 of the Code of Colorado Regulations 1007-3, part 260 et seq.).
L. Reporting Of More Frequent Monitoring: If an industrial user subject to the reporting requirements in subsection C, D, E or G of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required using approved procedures, the results of this monitoring shall be included in the report(s). (Ord. 98-173; Ord. 99-162; Ord. 00-204; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 14-66; Ord. 18-42)
A. All industrial users who discharge or propose to discharge wastewater to the wastewater treatment system shall maintain the records of production and related factors, effluent flows and amounts or concentrations of substances regulated under part 7 of this article, and documents associated with BMPs, as are necessary to demonstrate compliance with the requirements of this article and any applicable State or Federal pretreatment standards or requirements.
B. All records (including documentation associated with BMPs) shall be retained by the user for a minimum period of three (3) years, shall be made immediately available upon request of the Chief Executive Officer at any time during the three (3) year period or so long as actually retained.
C. Should the Chief Executive Officer deem it necessary to fulfill the purposes of this Code, the owner or operator of any premises or facility discharging industrial wastewater into the wastewater system shall install at owner's or operator's own expense suitable monitoring facilities or equipment which isolates appropriate wastewater discharges into the wastewater system and facilitates accurate observation, sampling and measurement of appropriate discharges. The equipment shall be maintained in proper working order and kept safe and accessible at all times.
D. Where practical, the monitoring equipment shall be located and maintained on the industrial user's premises outside of the building. When a location would be impractical or cause undue hardship to the user, the Chief Executive Officer may allow the facility to be constructed in the public street or easement area, with the approval of the City agency having jurisdiction over the street or easement, and located so that it will not obstruct public utilities, landscaping or parked vehicles.
E. When more than one user is able to discharge into a common service line, the Chief Executive Officer may require installation of separate monitoring equipment for each user. When there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Chief Executive Officer may require that separate service lines and connections and monitoring facilities be installed for each separate discharge.
F. Whether constructed on public or private property, the monitoring facilities shall be constructed in accord with the Chief Executive Officer's requirements and all applicable construction standards and specifications.
G. To fulfill the purposes of this Code, the Chief Executive Officer may order other nonresidential users of the City POTW to maintain similar records and/or install and maintain similar facilities or equipment as noted above. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 06-195; Ord. 18-42)
A. Utilities Sampling: Sampling of industrial wastewater for the pollutants determined to be present in the user's process for the purpose of determining compliance with respect to the prohibitions and limitations of part 7 of this article will be performed by Utilities at intervals as the Chief Executive Officer may designate. However, it is the requirement of this section that the Chief Executive Officer conduct sampling or cause the sampling to be conducted for all significant industrial users in accord with methods contained in 40 CFR section 136, or approved alternative methods, at least once per year.
B. Industrial User Sampling:
1. For Reports Required By Subsections 12.5.901C, D And E Of This Part: The reports required by subsections 12.5.901C, D and E of this part must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Chief Executive Officer shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the Chief Executive Officer. Where time proportional composite sampling or grab sampling is authorized by the Chief Executive Officer, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR section 136 and appropriate EPA guidance, multiple grab samples collected during a twenty four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Chief Executive Officer, as appropriate.
2. For Reports Required By Subsections 12.5.901C And D Of This Part: For sampling required in support of baseline monitoring and ninety (90) day compliance reports required in subsections 12.5.901C and D of this part, a minimum of four (4) 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 Chief Executive Officer may authorize a lower minimum.
3. For Reports Required By Subsections 12.5.901E And F Of This Part: For the reports required by subsections 12.5.901E and F of this part, the Chief Executive Officer shall require the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. If an industrial user subject to the reporting requirement in subsections 12.5.901E and F of this part, monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Chief Executive Officer, using the procedures prescribed in subsection C of this section, the results of this monitoring shall be included in the report.
4. Recordkeeping Requirements: Any industrial user subject to the reporting requirements established herein shall maintain records of all information resulting from any monitoring activities required by this section, including documentation associated with Best Management Practices. 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. The dates analyses were performed;
c. Who performed the analyses;
d. The analytical techniques/methods used; and
e. The results of such analyses.
C. Laboratory Analysis: Laboratory analysis of industrial wastewater samples shall be performed in accord with 40 CFR section 136, or other methods approved by the Chief Executive Officer. Analysis of those pollutants not covered by these publications shall be performed in accord with procedures approved by the Chief Executive Officer. The test results of laboratory analysis performed by Utilities in accord with this section shall be presumed to be correct unless shown otherwise by competent evidence. Test methods selected shall be those most representative and precise for the concentrations in the effluent limitations.
D. Compliance Determinations: Compliance determinations with respect to the prohibitions and limitations of part 7 of this article shall be made on the basis of either instantaneous compliance samples or composite samples of wastewater as determined by the Chief Executive Officer. The samples shall be taken at a point or points which the Chief Executive Officer determines to be suitable for obtaining a representative sample of the discharge. Composite samples may be taken over a twenty four (24) hour period, or over a longer or shorter time span, as determined by the Chief Executive Officer to meet specific circumstances.
E. Industrial User Extra Monitoring: If effluent self-monitoring performed by an industrial user indicates a violation of limitations contained in the user's permit or contained in applicable categorical pretreatment standards, the users shall repeat the sampling and analysis for the pollutant(s) that was in violation within seven (7) days of becoming aware of the violation. The industrial user is not required to perform this extra monitoring if the user is adhering to an approved compliance schedule. Where the Chief Executive Officer has performed the sampling in lieu of the industrial user, the Chief Executive Officer must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Resampling is not required if:
1. The Chief Executive Officer performs sampling at the industrial user at a frequency of at least once per month; or
2. The Chief Executive Officer performs sampling at the industrial user between the time when the initial sampling was conducted and the time when the user or the Chief Executive Officer receives the results of this sampling.
F. Rules, Regulations And Procedures For Samples: The Chief Executive Officer shall promulgate rules, regulations and procedures as necessary to ensure that any and all samples obtained by Utilities' employees can be accounted for from the time the samples are obtained to the time the samples are disposed.
G. Tampering Unlawful: Tampering with or purposely rendering inaccurate any monitoring device method, or record required to be maintained by this article is unlawful. (Ord. 98-173; Ord. 99-162; Ord. 01-42; Ord. 10-82; Ord. 14-66; Ord. 18-42)
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