Within ninety days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any categorical user subject to pretreatment standards and requirements shall submit to the Superintendent a report showing the measured average daily and maximum daily flow, in gallons per day, from regulated process streams and such other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) and identifying the pretreatment standards applicable to each regulated process. In addition, the report shall include the results of sampling and analysis identifying the nature and concentration (or mass, where required) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass) shall be reported. The sample shall be representative of daily operations and shall be taken in the frequency and manner provided by 40 CFR 403(12)(b)(5). The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O & M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements.
(a) Periodic Compliance Reports.
(1) Any user subject to a pretreatment standard after the compliance date of such pretreatment standard, or, in the case of a new user, after commencement of the discharge into the POTW, shall submit to the Superintendent during the months of June and December, unless required more frequently by the POTW, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by such pretreatment standard. In addition, this report shall include a record of all measured or estimated average and maximum daily flows for the reporting period. Flows shall be reported on the basis of actual measurement, provided, however, where cost or feasibility considerations justify, the Village may accept reports of average and maximum flows estimated by variable techniques. At the discretion of the Superintendent, in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent, for good cause shown, may agree to alter the months during which the above reports are to be submitted.
(2) If the Superintendent has imposed mass limitations on users, the report required by paragraph (a)(1) hereof shall indicate the mass of pollutants regulated by a pretreatment standard in the effluent of the user. For industrial users subject to equivalent mass or concentration limits, the report required by paragraph (a)(1) hereof shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge period of production (or other measure of operation), the report shall include the user's actual average production rate for the reporting period.
Reports of users shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or the production and mass where requested by the Superintendent, of pollutants contained therein, which are limited by the applicable pretreatment standard. The report shall be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data is representative of conditions occurring during the reporting period. The frequency of monitoring shall be prescribed by the Superintendent to assess and assure compliance by industrial users with applicable pretreatment standards and requirements. An analysis shall be performed in accordance with procedures established by the Superintendent pursuant to Section 304(h) of the Act and contained in 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the Superintendent. Sampling shall be performed in accordance with the techniques approved by the Superintendent.
(Where 40 CFR, Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in the EPA screening, or amendments thereto, or with any other sampling and analytical procedure approved by the Superintendent.)
(3) If sampling performed by an industrial user indicates a violation, the user shall notify the Superintendent within twenty-four 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 Superintendent within thirty days after becoming aware of the violation.
(b) Reporting Requirements. Industrial users with discharges which are not subject to categorical pretreatment standards shall submit, at least once every six months (on dates specified by the Superintendent), such reports as the Superintendent deems necessary to verify compliance with all of the general discharge limitations and prohibitions of this chapter as required by 40 CFR 403.12(h).
(c) Base Line Monitoring Report. At least ninety days prior to the commencement of discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the Superintendent a report which contains estimates of the measured average daily and maximum daily flow of process streams and waste streams and the flow and amount of regulated pollutants in the form and containing the information required by 40 CFR 403.12(b)(1) through (5), and shall include in this report information on the method of pretreatment standards.
(d) Signatory Requirements. All reports required by this section shall contain the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports required by subsections (a), (b) and (c) hereof is a corporation. For the purpose of this paragraph, a responsible corporate officer means a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or the manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports required by subsections (a), (b) and (c) hereof is a partnership or sole proprietorship, respectively.
(3) By a member if the industrial user submitting the reports is a limited liability company.
(4) By a duly authorized representative of the individual designated in paragraph (d)(1) or (2) hereof if:
A. The authorization is made in writing by the individual described in paragraph (d)(1) or (2) hereof;
B. The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well or well field superintendent, or a position of equivalent responsibility for environmental matters for the company; and
C. The written authorization is submitted to the POTW.
(5) If an authorization under paragraph (d)(3) hereof is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of paragraphs (d)(1) through (3) hereof must be submitted to the POTW prior to or together with any reports to be signed by an authorized representative.
(e) Hazardous Waste Report.
(1) Any industrial user shall notify the POTW, the EPA Regional Waste Management Division Director and the State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information, if known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve months. All notifications must take place within 180 days of the effective date of this chapter. Industrial users who commence discharging after the effective date of this chapter shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d) and (e).
(2) Discharges are exempt from the requirements of this subsection during a calendar month in which industrial users discharge no more than fifteen kilograms of hazardous wastes, unless the wastes are acute hazardous wastes, as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under Section 3001 of RCRA, identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Waste Division Director and the State hazardous waste authorities of the discharge of such substance within ninety days of the effective date of such regulations.
(4) In the case of any notification made under this subsection, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous waste generated to the degree it has determined to be economically practical.
(Ord. 97-4. Passed 9-8-97.)