§ 53.098 PERIODIC COMPLIANCE REPORTS.
   (A)   All significant industrial users shall, at a frequency determined by the IPD but in no case less than once per six-month period, on dates specified, submit a report indicating 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 user must submit documentation required by the IPD or the pretreatment standard necessary to determine the compliance status of the user.
   (B)   The city IPD may authorize eligible industrial users 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. See § 53.059(A)(8) of this chapter.
      (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 in accordance with § 53.004 of this chapter, and include the certification statement in § 53.108(A) of this subchapter (40 C.F.R. § 403.6(a)(2)(ii)).
      (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 C.F.R. 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 IPD must be included as a condition in the user’s permit. Documentation supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the IPD for three years after expiration of the waiver.
      (7)   Upon approval of the monitoring waiver and revision of the user’s permit by the IPD, the industrial user must certify on each report with the statement in § 53.108(C) of this subchapter, that there has been no increase in the pollutant in its wastestream 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 notify the IPD and comply with the monitoring requirements of § 53.098(A) of this subchapter, or other more frequent monitoring requirements imposed by the IPD.
      (9)   This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
   (C)   All periodic compliance reports must be signed and certified in accordance with § 53.108(A) of this subchapter.
   (D)   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.
   (E)   If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the IPD, using the procedures prescribed in § 53.105 of this subchapter, the results of this monitoring shall be included in the report.
(Prior Code, § 53.068) (Ord. 1590, passed 4-14-2009)