(A) Compliance date report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and requirements shall submit to the village a report containing the information described in § 53.041(D)(4) through (6). For industrial users subject to equivalent mass or concentration limits established by the village in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long term production rate. For all other industrial 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.
(B) Continued compliance reports.
(1) Any user required by the national pretreatment standard of the village, after the compliance date of such pretreatment standard, or in the case of a new source, after commencement of the discharge into the POTW, shall submit to the village a report indicating the nature and concentration of pollutants in the effluent. The frequency of this report typically will be semiannually, although more frequent reports may be required by the village of the national pretreatment standard.
(2) At the discretion of the village, this report shall also include concentrations of BOD/COD/TSS or other pollutants specified by the village.
(3) At the discretion of the Village Administrator and in consideration of such factors as local high or low flow rate, holidays, or budget cycles, the Village Administrator may agree to alter the months during which the above reports are submitted.
(4) Where the village has imposed mass limitations on industrial users as provided for by 40 CFR 403.6(c), the report required by division (B)(1) 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 per unit of production (or other measure of operation), the report required by division (B)(1) shall include the user's actual average production rate for the reporting period.
(C) Notice of potential problems, including slug loading. All categorical and non-categorical industrial discharges that could cause problems to the POTW immediately of all including any slug loadings, as defined by 40 CFR Part 404, by the industrial user.
(D) Monitoring and analysis to demonstrate continued compliance.
(1) The reports required in divisions (A) and (B) of this section shall contain the results of sampling and analysis of the discharge, including the flow, the nature and concentration, or production and mass, where requested by the village, of pollutants contained therein which are limited by the applicable pretreatment standards. At the village's discretion, this sampling and analysis may be performed by the village in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required under 40 CFR 403.12(b)(6) and 403.12(d). In addition, where the POTW itself collects all the information required for the report, including flow data, the village may waive the requirement of the industrial user to submit the report.
(2) If sampling performed by an industrial user indicates a violation, the user shall notify the village 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 and submit the results of the repeat analysis to the village within 30 days after becoming aware of the violation, except that the industrial user is not required to resample if:
(a) The village performs sampling of the industrial user at a frequency of at least once per month;or
(b) The village performs sampling of the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
(3) The reports in division (B) of this section 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 village shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.
(4) All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(h) of the Act (33 USC 1314(h)) and contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the Administrator. (See 40 CFR Part 136.4 and 136.5). Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where the Administrator determines that Part 136 does not include sampling or analytical techniques for the pollutants in question or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties approved by the Administrator.
(5) If an industrial user subject to the reporting requirement in division (B) of this section monitors any pollutant more frequently than required by the village, using the procedures prescribed in division (D)(4) of this section, the results of this monitoring shall be included in the report.
(E) Reporting requirements for industrial users not subject to categorical pretreatment standards. The village shall require appropriate reporting from those industrial users with discharges that are not subject to categorical pretreatment standards.
(F) Notification of change discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p).
(G) Signatory reports for industrial user reports. The reports required by divisions (A) and (B) of this section shall include 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 divisions (A) and (B) of this section is a corporation. For the purpose of this division, a responsible corporate officer means:
(a) 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
(b) The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manger in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports required by divisions (A) and (B) of this section is a partnership or sole proprietorship respectively.
(H) Provisions governing fraud and false statements. The reports required by paragraphs of 18 USC 1001 relating to fraud and false statements and the provisions of Section 309(c)(2) of the Act (33 USC 1319(c)(4)) governing false statements, representations, or certifications in reports required under the Act.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099