(A) A facility determined to be a non-significant categorical industrial user by the Department Head must annually submit the certification statement in 40 CFR 403.12(q) signed in accordance with 40 CFR 403.12(1)Waiver of Specific Pollutants.
(B) The Department Head 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 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:
(1) 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.
(2) The monitoring 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 user must submit a new request for the waiver before the waiver can be granted for each subsequent individual wastewater discharge permit.
(3) 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.
(4) The request for a monitoring waiver must be signed by an authorized or duly authorized representative of the user as specified in § 52.127, and include the following certification statement:
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, including the possibility of fine and imprisonment for knowing violations.
(5) 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.
(6) Any grant of the monitoring waiver by the Department Head must be included as a condition in the user’s permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the city for three years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the user’s permit by the Department Head, the industrial user must certify on each report with the statement in division (B)(4) of this section, that there has been no increase in the pollutant in its waste stream due to activities of the industrial user.
(8) In the event that a waived pollutant is found to be present or is expected to be present because of changes that occur in the user’s operations, the user must immediately:
(a) Comply with the monitoring requirements of § 52.178, or other more frequent monitoring requirements imposed by the Department Head; and
(b) Notify the Department Head.
(9) This provision, does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(Ord. 13-2012, passed 8-13-12; Am. Ord. 15-2016, passed 7-11-16)