(a) Baseline monitoring reporting.
(1) Deadlines for submission of reports.
(A) Existing categorical users. Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under Title 40, Code of Federal Regulations, Section 403.6(a)(4), as amended, whichever is later, existing categorical users currently discharging to or scheduled to discharge to the wastewater system shall submit to the director a report that contains the information listed in Subsection (a)(2) of this section.
(B) New sources and new categorical users. Ninety days prior to commencement of discharge, new sources and sources that become categorical users subsequent to the promulgation of an applicable categorical standard shall submit a report containing the information listed in Subsection (a)(2) to the director. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. In addition to the information required in Subsection (a)(2), a new source shall also provide:
(i) the method of pretreatment it intends to use to meet applicable categorical standards; and
(ii) estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Required information in report. The following must be provided in the report required in Subsection (a)(1):
(A) Identifying information. The name and address of the facility, including the name of the operator and owner.
(B) Environmental permits. A list of any environmental control permits held by or for the facility.
(C) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operations carried out by the industrial user. The description should include a schematic diagram indicating points of discharge to the wastewater system from the regulated processes.
(D) Flow measurement. Information showing the measured average and maximum daily flows (in gallons per day) to the wastewater system from regulated process streams and other streams, if necessary, to allow use of the combined wastestream formula set out in Title 40, Code of Federal Regulations, Section 403.6(e), as amended.
(E) Measurement of pollutants.
(i) The categorical pretreatment standards applicable to each regulated process.
(ii) The results of sampling and analysis identifying the nature and concentration (and mass, where required by the standard or by the director) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations (and mass, where required) must be reported. The sample must be representative of daily operations and analyzed in accordance with procedures set out in Subsection (j).
(iii) Sampling must be performed in accordance with the procedures set out in Subsection (k).
(F) Certification statement. A statement, reviewed by the industrial user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, or, if not, whether additional operation and maintenance or additional pretreatment is required to meet the pretreatment standards and requirements.
(G) Compliance schedule. If additional pretreatment or operation and maintenance is required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide the pretreatment or operation and maintenance. No completion date in this schedule may be later than the compliance date established for the applicable pretreatment standard. The compliance schedule must meet the requirements of Subsection (b).
(H) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with Subsection (m).
(b) Compliance schedule progress reports.
(1) The initial report must contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required of the industrial user to meet the applicable pretreatment standards (examples of a major event include, but are not limited to, the hiring of an engineer, the completion of preliminary and final plans, the execution of contracts for major components, and the commencement and completion of construction). No progress increment may exceed nine months.
(2) The industrial user shall submit a report to the director no later than 14 days following each scheduled progress increment date. The report must include, at a minimum, whether or not the industrial user complied with the increment of progress, the reason for delay, if any, and, if appropriate, the steps being taken by the user to return to the established schedule. In no event may more than nine months elapse between submission of a progress report to the director.
(c) Reports on compliance with categorical pretreatment standard deadline.
(1) All industrial users with pollutant data results shall submit to the director a report containing the information described in Subsections (a)(2)(E) through (H).
(2) If an industrial user is subject to equivalent mass or concentration limits established in accordance with the procedures in Title 40, Code of Federal Regulations, Section 403.6(c), as amended, the report must also contain a reasonable measure of the industrial user’s long-term production rate.
(3) For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit, the report must include the industrial user’s actual production during the appropriate sampling period.
(4) All compliance reports must be signed and certified in accordance with Subsection (m) and submitted within 90 days after being permitted by the city.
(d) Periodic compliance reports.
(1) All significant industrial users shall, at a frequency determined by the director but in no event less than twice a year (once in July covering the six- month period between January 1 through June 30, and once in January covering the six-month period between July 1 through December 31), submit a report containing at a minimum:
(A) the nature and concentration of pollutants in the discharge limited by pretreatment standards;
(B) the measured or estimated average and maximum daily flows for the reporting period; and
(C) contributing information necessary to account for water usage, materials recovery, or disposal practices.
(2) All periodic compliance reports must be signed and certified in accordance with Subsection (m).
(3) All wastewater samples must be representative of the industrial user’s discharge. Wastewater monitoring and flow measurement facilities must be properly operated, kept clean, and maintained in good working order at all times. Failure of an industrial user to keep its monitoring equipment in good working order negates any grounds for the industrial user’s potential claim that sample results are unrepresentative of its discharge.
(4) If an industrial user subject to the reporting requirement in this section monitors any pollutant using the procedures prescribed in Subsections (j) and (k), the results of the monitoring must be included in the report.
(e) Notification of changed conditions.
(1) At least 90 days before any planned significant change to an industrial user’s operations or system that might alter the nature, quality, or volume of its wastewater, the industrial user shall notify the director of the change.
(2) The director may require the industrial user to submit all information deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 49-46(a). The director shall evaluate whether the industrial user needs a plan or other action to control accidental discharges.
(3) The director may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed or anticipated changed conditions.
(4) For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of 20 percent or greater, the discharge of any previously unreported pollutants, and the deletion of any pollutant regulated by this article or a permit issued pursuant to this article.
(f) Reports of accidental (Slug) discharges.
(1) In the case of any discharge (including an upset, an accidental discharge, a discharge of a non- routine, episodic nature, a non-routine batch discharge, or a slug load) that may cause potential problems for the wastewater system, the industrial user shall immediately telephone and notify the director of the incident. This notification must include the location of the discharge, the type of waste, the concentration and volume, and corrective actions taken by the industrial user.
(2) Within five days following the discharge, the industrial user shall, unless waived by the director, submit to the director a detailed written report that provides:
(A) a description and cause of the discharge, including location, type, and concentration of the discharge and the volume of water;
(B) the duration of noncompliance, including the exact dates and times of noncompliance and, if the noncompliance is continuing, an immediate response to cause the noncompliant discharge to cease; and
(C) all steps taken or to be taken to reduce, eliminate, and prevent continuation or recurrence of an upset, slug load, or accidental discharge, spill, or other condition of noncompliance.
(3) The notification does not relieve the industrial user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the wastewater system or to natural resources, or any other damage to persons or property, nor does the notification relieve the industrial user of any fines, penalties, or other liability that may be imposed pursuant to this chapter.
(4) A notice must be permanently posted on the industrial user’s bulletin board or in another prominent location advising employees whom to call in the event of a discharge. An industrial user shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(5) The director shall evaluate whether the industrial user needs a plan or other action to control possible future accidental discharges.
(g) Reports from non-permitted users. Industrial users not required to obtain a wastewater discharge permit must still provide appropriate reports to the director when required by the director.
(h) Submission of self-monitoring reports and violations based on self-monitoring. The industrial user shall submit all notices and self-monitoring reports necessary to assess and assure compliance with pretreatment standards and requirements, including but not limited to, the reports required in Title 40, Code of Federal Regulations, Section 403.12, as amended. If an industrial user’s monitoring and wastewater analysis indicates that a violation has occurred, the industrial user shall do all of the following:
(1) Notify the director within 24 hours after becoming aware of the violation.
(2) Repeat the sampling and submit to the director a written report of the results of the second analysis within 30 days after becoming aware of the violation. If the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless it notifies the industrial user of the violation and requires the industrial user to perform the repeat analysis.
(i) Notification of the discharge of hazardous waste.
(1) Notification process in general.
(A) Pursuant to Title 40, Code of Federal Regulations, Section 403.12(p), as amended, any industrial user that commences the discharge of a hazardous waste listed in Title 40, Code of Federal Regulations, Part 261, as amended, shall notify the director, the EPA Region VI Waste Management Division Director, and the TCEQ, in writing, of the discharge.
(B) The notification must include the name of the hazardous waste as set forth in Title 40, Code of Federal Regulations, Part 261, as amended, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other).
(C) If the industrial user discharges more than 100 kilograms of hazardous waste in a calendar month to the wastewater system, the notification must also contain the following information to the extent the information is known and readily available to the industrial user:
(i) An identification of the hazardous constituents contained in the wastes.
(ii) An estimation of the mass and concentration of the constituents in the wastestream discharged during that calendar month.
(iii) An estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.
(D) All notifications must be sent within 180 days after the discharge commences. Only one notification is required for each hazardous waste discharged. Notification of changed conditions, however, must be submitted pursuant to Subsection (e). The notification requirement in this subsection does not apply to pollutants already reported by industrial users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 49-51(h) and 49-55.3.
(2) Certain discharges exempt. A discharger is exempt from the requirements of Subsection (i)(1) during a calendar month in which it discharges no more than 15 kilograms of non-acute hazardous waste. Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in Title 40, Code of Federal Regulations, Sections 261.30(d) and 261.33(e), as amended, requires a one-time notification. No additional notification is required for the subsequent discharge of a hazardous waste in excess of the quantities permitted.
(3) Listing of new hazardous waste. In the case of any new regulation under Section 3001 of the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.) identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user shall notify the director, the EPA Region VI Waste Management Division Director, and the TCEQ of the discharge of such substance within 90 days after the effective date of the regulation.
(4) Certification required. In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) No right to discharge created. This subsection does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued under this chapter, or any applicable federal or state law.
(j) Analytical requirements. All pollutant analyses (including sampling techniques) to be submitted as part of a wastewater discharge permit application or report must be performed in accordance with the techniques prescribed in Title 40, Code of Federal Regulations, Part 136, as amended, unless otherwise specified in an applicable categorical pretreatment standard. If Title 40, Code of Federal Regulations, Part 136, as amended, does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA or TCEQ.
(k) Sample collection.
(1) Except as indicated in Subsection (k)(2), the industrial user shall collect wastewater samples using flow proportional composite collection techniques. If flow proportional sampling is not feasible, the director may authorize the use of time proportional sampling or a minimum of four grab samples if the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(l) Date reports deemed received. Written reports are deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, into a mail receptacle serviced by the United States Postal Service, the date the report is received governs.
(m) Certification and signatory requirements.
(1) The following must be certified to and signed by the authorized representative:
(A) All permit applications.
(B) Baseline monitoring reports.
(C) Reports on compliance with categorical pretreatment standard deadlines.
(D) Periodic compliance reports.
(E) Any report specifically required by the director.
(2) The following statement must be used to certify the applications and reports listed in Subsection (m)(1):
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.
(n) Best management practice documentation. If the pretreatment standards require compliance with best management practices or a pollution prevention alternative, the industrial user shall submit documentation to the director demonstrating compliance with these requirements. (Ord. 28084)