§ 51.045 REQUIRED REPORTS.
   (A)   Periodic compliance reports.
      (1)   Any significant industrial user, even if they have been designated a non-significant categorical industrial user, shall submit a periodic compliance report at a frequency determined by the control authority, but in no case less than twice per year (June and December). The report shall include the nature and concentration of pollutants in the discharge which are limited by 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 best management practice (BMP) or pollution prevention alternative, the SIU must submit documentation required by the control authority or the
pretreatment standard necessary to determine the compliance status of the SIU. The control authority may require any other industrial users discharging or proposing to discharge into the treatment system to file periodic reports on the forms provided. All discharge reports must be signed by an authorized representative of the facility and certified in accordance with § 51.042(B)(13)(a).
      (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. 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.
      (3)   If an industrial user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control authority, using the procedures prescribed in §§ 51.011 and 51.044(C), the results of this monitoring shall be included in the report.
      (4)   The control authority may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard in accordance with 40 CFR 403.12(e)(2) provided that 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 is present only at background levels from intake water and without any increase in the pollutant due to activities of the industrial user. This authorization is subject to the following conditions:
         (a)   The request for a monitoring waiver must be submitted to the control authority with the individual wastewater discharge permit application, include the certification statement from § 51.042(B)(13)(a), and signed by the industrial user's authorized representative as defined by § 51.002. See § 51.042(B)(10).
         (b)   The waiver may be authorized where a 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 otherwise includes no process wastewater.
         (c)   The monitoring waver 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 user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
         (d)   In making a demonstration that a pollutant is not present, 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 that is representative of all wastewater from all processes. 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.
         (e)   Any grant of the monitoring waver by the control authority must be included as a condition in the industrial user's permit.
         (f)   Upon approval of the monitoring waiver and revision of the industrial user's permit by the control authority, the industrial user must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to activities of the industrial user: