A. Any discharger subject to a pretreatment standard set forth in this chapter, after the compliance date of such pretreatment standard, or in the case of a new discharger, after commencement of the discharge to the city, shall submit to the city during the months of June and December, unless the discharger chooses to do self-monitoring for high-strength surcharges of which the timetable would be monthly, a report indicating the nature and concentration, of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flow during the reporting period. Flow shall be reported on the basis of actual measurement; provided, however, where cost feasibility considerations justify, the city may accept reports of average and maximum daily flows estimated by verifiable techniques. The city, for good cause shown considering such factors as local high or low flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of such reports on months other than those specified above. In cases where the pretreatment standard requires compliance with a best management practice (or pollution prevention alternative), the user shall submit documentation required by the control authority or the pretreatment standard necessary to determine the compliance status of the user.
B. All wastewater user reports must be signed by an authorized representative of the user and contain the following information:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information.
C. Within one hundred eighty days after the effective date of a categorical pretreatment standard, or one hundred eighty days after the final administrative decision made on a category, whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to a POTW will be required to submit to the city a report containing the information listed in paragraph (b)(1)-(7) of 40 CFR 403.12(b).
D. Upon promulgation of a categorical pretreatment standard, the city will provide the appropriate form to the dischargers who are affected by the promulgated standard. The dischargers are then required to submit the completed report to the city.
E. Within either one hundred eighty 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 categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the utility service board a report which contains the information listed in subsection F, below. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the utility service board a report which contains the information listed in subsection F, 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.
F. Users described above shall submit the information set forth below.
1. Identifying Information. The name and address of the facility, including the name of the operator and owner.
2. Environmental Permits. A list of any environmental control permits held by or for the facility.
3. 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.
4. 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 4016(e).
5. Measurement of Pollutants.
a. The categorical pretreatment standards applicable to each regulated process.
b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the utility service board, 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 subsection 13.16.030(T) of this chapter.
c. Sampling must be performed in accordance with procedures set out in subsection 13.16.030(H) of this chapter.
6. Certification. A statement, reviewed by the 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.
7. 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 Sections 13.16.200 and 13.16.210 of this chapter.
8. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with this section.
G. Reports of dischargers shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the city. The frequency of monitoring by the discharger shall be as prescribed in the applicable pretreatment standard in the discharger's wastewater permit. All analyses shall be performed in accordance with 40 CFR, Part 136, and amendments thereto.
H. Such measurements, test and analysis shall be made at the user's expense. If made by the city, an appropriate charge may be assessed to the user at the option of the city.
I. Self-monitoring reports from a categorical SIU must be signed by an authorized representative, as defined in Section 13.16.010 of this chapter.
J. All wastewater samples must be representative of the user's entire process discharge. If a user subject to the reporting requirement in this section monitors any pollutant at the designated sampling location more frequently than required by the utility service board, using the procedures prescribed in subsection G above, the results of this monitoring shall be included in the report. 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.
K. Each user must notify the utility service board 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 ten days before the change.
1. The utility service board may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.
3. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants.
L. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the utility service board of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
1. Within five days following such discharge, the user shall, unless waived by the utility service board, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the 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 persons or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.
2. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection L, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
3. Users are required to notify the utility service board immediately of any changes at its facility affecting the potential for a slug discharge.
M. Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the city thereof within twenty-four hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the city within five days. The report shall specify:
1. Description of the upset, the cause thereof and the upset's impact on a discharger's compliance status.
2. Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
4. A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the city against a discharger for any noncompliance with this chapter, which arises out of violations alleged to have occurred during the period of the upset.
N. Bypass.
1. For the purposes of this subsection:
a. "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
b. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
2. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (3) and (4) of this subsection.
3. Bypass Notifications.
a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the utility service board, at least ten days before the date of the bypass, if possible.
b. A user shall submit oral notice to the utility service board of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The utility service board may waive the written report, on a case-by-case basis, if the oral report has been received within twenty-four hours.
4. Bypass
a. Bypass is prohibited, and the utility service board may take an enforcement action against a user for a bypass, unless
i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
iii. The user submitted notices as required under paragraph (3) of this subsection.
b. The utility service board may approve an anticipated bypass, after considering its adverse effects, if the utility service board determines that it will meet the three conditions listed in paragraph (4)(a) of this subsection.
(Ord. 10-12 (part), 2010; Ord. 04-2 (part), 2004; Ord. 99-16 (part), 1999)