(a) Reporting on Compliance with a Categorical Pretreatment Deadline. Within ninety (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 Authority a report containing the information described in subsections (a)(4) and (5) of this section. For Users subject to equivalent mass or concentration limits established in accordance with 40 CFR 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 Section 922.08(g) of this chapter. All sampling will be done in conformance with Section 922.13(5).
New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet the applicable pretreatment standards. New sources shall give estimates of the information requested in subsections (a)(1)-(5) hereof:
(1) Identifying information. The discharger shall submit the name and address of the facility, including the name of the operator and owners.
(2) Permits. The discharger shall submit a list of any environmental control permits held by or for the facility.
(3) Description of operations. The discharger shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such industrial discharger. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(4) Flow measurement. The discharger shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
A. Regulated process streams; and
B. Other streams as necessary to allow use of the combined waste stream formula of 403.6(e). (See subsection (d)(5)D. hereof.) The control Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) Measurement of pollutants.
A. The discharger shall identify the Pretreatment Standards applicable to each regulated process.
B. The discharger shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the standard or control Authority) or regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the standard requires compliance with a Best Management Practice or pollution prevention alternative, the user shall submit documentation as required by the control Authority or the applicable standards to determine compliance with the standard.
C. The discharger shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.
D. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the discharger should measure the flows and concentrations necessary to allow use of the combined waste stream formula of CFR 40 Part 403.6(e) in order to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with CFR 40 Part 403.6(e) this adjusted limit along with supporting data shall be submitted to the control Authority.
E. Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the Administrator.
F. The control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
G. The baseline report shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutants discharges to the POTW.
H. For sampling required in support of baseline monitoring and ninety (90) day compliance reports, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control Authority may authorize a lower minimum. For other required reporting and assessment of compliance, the control Authority shall require the number of grab samples necessary to assess and assure compliance by industrial dischargers with Applicable Pretreatment Standards and Requirements.
I. Discharger reports must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The control Authority shall require that frequency of monitoring necessary to assess and assure compliance by dischargers with applicable Pretreatment Standards and Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (24)-hour composite samples must be obtained through flow-proportional
composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the control Authority. Where time-proportional composite sampling or grab sampling is authorized by the control Authority, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24)-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedure as documented in approved EPA methodologies may be authorized by the control Authority, as appropriate.
(6) Certification. A statement, reviewed by an authorized representative of the Discharger (as defined in Section 922.02(c)) (Definitions) 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 for the industrial discharger to meet the Pretreatment Standards and Requirements; and
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the Pretreatment Standards, the shortest schedule by which the industrial discharger will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the completion date established for applicable Pretreatment Standard.
A. Where the industrial discharger's categorical Pretreatment Standard has been modified by a removal allowance (403.7), the combined waste stream formula (403.6(e)), and/or a Fundamentally Different Factor variance (403.13) at the time the discharger submits the report required by subsection (b) of this section, the information required by subsections (a)(6) and (a)(7) hereof shall pertain to modified permits.
B. If the categorical Pretreatment Standard is modified by a removal allowance (403.7), the combined waste stream formula (403.6(e)), and/or a Fundamentally Different Factors variance (403.13) after the Discharger submits the report required by subsection (a) of this section, any necessary amendments to the information requested by subsections (a)(6) and (a)(7) hereof shall be submitted by the Discharger to the control Authority within sixty (60) days after the modified limit is approved.
(b) Periodic Compliance Reports.
(1) Any industrial discharger subject to a categorical Pretreatment Standard (except a Non-Significant categorical User as defined by 40 CFR 403.3(v)(2)), after the compliance date of such Pretreatment Standard, or, in the case of a new source, after the commencement of the discharge into the POTW, shall submit to the control Authority during the months of June and December, unless required more frequently in the Pretreatment Standard or by the control Authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical Pretreatment Standards. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (or pollution prevention alternative), the discharger shall submit documentation required by the control Authority or the Pretreatment Standard necessary to determine the compliance status of the discharger. At the discretion of the control Authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control Authority may modify the months during which the above reports are submitted.
(2) Reporting requirements for industrial dischargers not subject to categorical Pretreatment Standards. The control Authority must require appropriate reporting from those industrial dischargers with discharges that are not subject to categorical Pretreatment Standards. Significant Non-categorical industrial users must submit to the control Authority at least every six (6) months or dates specified in control document by the Authority a description of the nature, concentration, and flow of pollutants required to be reported by the control Authority. In cases where a local limit requires compliance with a Best Management Practice or pollution prevention alternative, the discharger must submit documentation required by the control Authority to determine the compliance status of the discharger. These reports must be based on sampling and analysis performed in the period covered by the report, and in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. This sampling and analysis may be performed by the control Authority in lieu of the significant non-categorical industrial discharger. If a discharger subject to the reporting requirements of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the control Authority, the results of this monitoring shall be included in the report.
(3) Period Compliance Discharge Reports subsection (b)(1-2) of this section, must be based upon data obtained through the appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the report period in accordance with the techniques described in 40 CFR Part 136 and amendments thereto. The control Authority shall require that frequency of monitoring necessary to assess and assure compliance by dischargers with applicable Pretreatment Standards and Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the control Authority. Where time-proportional composite sampling or grab sampling is authorized by the control Authority, the samples must be representative of the discharge and the decision to allow the alternative
sampling must be documented in the industrial discharger file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24)-hour period may be composited prior to the analysis as follows: For cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedure as documented in approved EPA methodologies may be authorized by the control Authority as appropriate.
(4) If the results of periodic monitoring indicate noncompliance with any pollutant limit (excluding surcharged parameters) stipulated in the industrial discharger's permit, or where such limits or permits do not exist, or where monitoring results exceed Federal categorical or local limits, the industrial user shall notify the Authority within twenty-four (24) hours of becoming aware of the non-conforming discharge. The industrial user must then repeat sampling and analysis and submit the results to the Authority within thirty (30) days unless the Authority samples the industrial user's discharge. If the Authority conducts monitoring and becomes aware of a permit violation or exceedance, the Authority must conduct the resampling within thirty (30) days.
(5) All industrial users shall promptly notify the Authority in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(c) All reports required by this section must be signed by an authorized representative of the discharger as follows:
(1) If the discharger is a corporation:
A. The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy decision making functions for the corporation; or
B. The Manager of one or more manufacturing, production, or operating facilities, provided the Manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, initiates and directs other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the Manager in accordance with corporate procedures.
(2) If the discharger is a partnership or sole proprietorship, a general partner or proprietor, respectively;
(3) If the discharger is a Federal, State or local government facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee;
(4) The individuals described in subsections (1) - (3) above may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters of the company and the written authorization is submitted to the Authority. The written authorization is submitted to the Eaton Public Works Division.
(5) If an authorization under subsections (c)(1) - (3) hereof is no longer accurate because of a change in personnel, responsibility or overall operation of the facility, a new authorization must be submitted to the Public Works Division prior to or together with any reports to be signed by an authorized representative.
(Ord. 23-14. Passed 8-17-23.)