(A) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report containing information listed in division (2) below. At least 90 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 Director a report containing the information listed in division (2) below. A new source shall report the method of pretreatment it intends the use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below:
(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 operation(s) carried out by the user. This description should include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.
(d) Plow 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 waste stream formula set out in 40 C.F.R. 403;6(e).
(e) Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated process.
2. Where required by the standard or by the Director, the results of sampling and analysis identifying the nature and concentration, and/or mass, 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 § 51.59(N).
3. Sampling must be performed in accordance with procedures set out in § 51.59(O).
(f) 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.
(g) 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 § 51.59(B).
(h) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 51.58(D).
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 51.59(A)(2)(g).
(1) The schedule shall 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 for the user to meet the applicable pretreatment standards. Such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation;
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the Director no later than 14 days following each date in the schedule and the final date of compliance, including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule; and
(4) In no event shall more than nine months elapse between such progress reports to the Director.
(C) Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in § 51.59(A)(2)(d) through (f). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other 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. All compliance reports must be signed and certified in accordance with § 51.58(D).
(D) Periodic compliance reports.
(1) During each six-month period, compliance with each pretreatment standard will be determined by evaluating both county and self-monitoring data, but in no case less than one analysis per six-month period for each pretreatment standard.
(2) All industrial users shall, at a frequency prescribed by the permit, submit a report indicating the nature and concentration of pollutants in the discharge. All periodic compliance reports must be signed and certified in accordance with § 51.58(D).
(3) All wastewater samples must be representative of the 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.
(4) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in 40 C.F.R. 136, the results of this monitoring shall be included in the report.
(E) Notice of violation; repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. The user is not required to resample if the Director monitors at the user’s facility at least once a month, or if the Director samples between the user’s initial sampling and when the user receives the results of this sampling.
(F) Notice of hazardous waste discharges; certification of program to reduce hazardous wastes.
(1) Any user who discharges hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance that, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information, to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharge during the calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under § 51.59(G). The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 51.59(A), (C) and (D).
(2) Users are exempt from the requirements of division (1) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulation under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Director, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the 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) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, permit issued thereunder, or any applicable federal or state law.
(G) Reports of changed conditions. Each user must notify the Director of any planned significant change to the user’s operations or system that might alter the nature, quality or volume of its wastewater as soon as possible before the change.
(1) The Director 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 under § 51.58.
(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater and the discharge of any previously unreported pollutants.
(H) Interruption of operations report. Notice by the user shall be given to the Director in advance, or at the earliest possible time, when normal operations of the industry will be interrupted for 24 hours or longer, when wastes will not be available for discharge, or prior to implementation of a process change that will alter demands on the municipal treatment facilities. Notice shall also be given to the Director of any increase or decrease in work schedule from that indicated in the discharge permit application.
(I) Reports of potential problems.
(1) 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, including a hazard to the POTW treatment processes, personnel or sludge disposal methods, the user shall immediately telephone and notify the Director 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.
(2) Within five days following such discharge, the user shall, unless waived by the Director, 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 to the POTW, natural resources or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability that may be imposed pursuant to this chapter.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place, advising employees whom to call in the event of a discharge described in division (1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
(J) Sludge documentation. The transportation and/or disposal or sludges generated by pretreatment shall be subject to applicable federal, state and local regulations. The industrial user shall be responsible for documenting the transporting and/or disposal of all pretreatment sludges. Receipts and other documentation shall be kept for a minimum of three years, and shall be made available to the Director upon request.
(K) Intercepted and separated materials. Upon request by the Director, a user having an interceptor or separator must state specifically how the waste oil, grease, solvent, paint, and the like, is disposed of, and must provide evidence of such disposal service when required by the Director. Records and receipts must be kept demonstrating that these waste materials were contained and transported in a safe manner as prescribed by the rules of regulatory agencies, including but not limited, to the U.S. Department of Transportation, and handled by reputable persons who shall dispose of all such wastes in accordance with all federal, state and local regulations.
(L) Truth in reporting. The reports required by this section shall comply with the provisions of the United States Code (18 U.S.C. 1001) relating to fraud and false statements, and the provisions of Section 309(c)(2) of the Act governing false statements, representations or certifications in reports required under the Act.
(M) Other reporting requirements. Significant industrial users shall comply with all other reporting requirements as specified in 40 C.F.R. 403.
(N) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(O) Sample collection.
(1) Samples shall represent the waste flow from the premises over that work day. The samples shall be time-composited or flow proportional, with such compositing being performed either manually or by automatic sampling equipment. The sample compositing technique must be approved by the Director.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
(3) The handling, storage and analysis of all samples collected for the determination of the characteristics of waste discharged shall be performed in accordance with standard procedures.
(P) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports that are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(Q) Record keeping. Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this chapter, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the county, or where the user has been specifically notified of a longer retention period by the Director.
(Ord. passed 9-9-08)