§ 15-161 REPORTS OF POTENTIAL PROBLEMS.

   (A)   In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a noncustomary batch discharge, or a slug load as defined in § 15-122, that may cause potential problems for the POTW, the user shall immediately telephone and notify the POTW 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.

   (B)   Within five days following such discharge, the user shall, unless waived by the POTW 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, or other liability which may be incurred as a result of 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 which may be imposed pursuant to this division.

   (C)   A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (A) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

   (D)   All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load as defined in § 15-122.

(Ord. passed 5-17-94; Am. Ord. passed 10-20-09) Penalty, see §§ 15-185 et seq.

§ 15-162 REPORTS FROM UNPERMITTED USERS.

   All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the POTW Director as the POTW Director may require.

(Ord. passed 5-17-94) Penalty, see §§ 15-185 et seq.

§ 15-163 NOTICE OF VIOLATION/REPEAT SAMPLING AND REPORTING.

   (A) If sampling performed by a user indicates a violation, the user must notify the POTW 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 POTW Director within 30 days after becoming aware of the violation. If allowed by the POTW Director, the user is not required to resample:

      (1)   If the POTW Director monitors at the user’s facility at least once a month; or

      (2)   If the POTW Director samples between the user’s initial sampling and when the user receives the results of this sampling.

   (B)   If the POTW Director has performed the sampling and analysis in lieu of the industrial user and the POTW sampling of the user indicates a violation, the POTW Director shall repeat the sampling and obtain the results of the repeat analysis within 30 days after becoming aware of the violations, unless one of the following occurs:

      (1)   The POTW Director monitors at the user’s facility at least once a month;

      (2)   The POTW Director samples the user between their initial sampling and when the POTW receives the results of this initial sampling; or

      (3)   The POTW Director requires the user to perform sampling and submit the results to the POTW Director within the 30-day deadline of the POTW becoming aware of the violation.

(Ord. passed 5-17-94; Am. Ord. passed 10-20-09; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.

§ 15-164 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.

   The city prohibits the discharge of any hazardous wastes without notification to and approval by the POTW Director.

   (A) Any user who commences the discharge of 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 which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. pt. 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. pt. 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 wastestream discharge during the calendar month, and an estimation of the mass and concentration of such constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days before the discharge commences. The user shall not begin the discharge until receiving written approval from the city. Any notification under this paragraph need be submitted only once for each hazardous waste discharge. However, notifications of changed conditions must be submitted under § 15-160. 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 §§ 15-156, 15-158, and 15-159.

   (B)   Dischargers are exempt from the requirements of division (A), 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.

   (C)   In the case of any new regulation under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the POTW 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.

   (D)   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.

   (E)   This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this division, a permit issued thereunder, or any applicable federal or state law.

(Ord. passed 5-17-94; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.

§ 15-165 ANALYTICAL REQUIREMENTS.

   (A)   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. pt. 136, unless otherwise specified in an applicable categorical pretreatment standard.

   (B)   If 40 C.F.R. pt. 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.

(Ord. passed 5-17-94) Penalty, see §§ 15-185 et seq.

§ 15-166 GRAB AND COMPOSITE SAMPLE COLLECTION.

   (A)   (1)   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.

      (2)   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.

   (B)   (1)   Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, volatile organic compounds, and any other pollutants as required by 40 C.F.R. § 136. The POTW shall determine the number of grabs necessary to be representative of the User’s discharge.

      (2)   See 40 C.F.R. § 403.12(g)(5) for additional grab sample number requirements for BMR and 90 Day Compliance Reports. Additionally, the POTW Director may allow collection of multiple grabs during a 24 hour period which are composited prior to analysis as allowed under 40 C.F.R. § 136.

   (C)   (1)   All wastewater composite samples shall be collected with a minimum of hourly aliquots or grabs for each hour that there is a discharge. All wastewater composite samples shall be collected using flow proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the POTW Director.

      (2)   When authorizing time-proportional composites or grabs, the samples must be representative and the decision to allow the alternative sampling must be documented.

(Ord. passed 5-17-94; Am. Ord. passed 10-20-09) Penalty, see § 15-185 et seq.

§ 15-167 TIMING.

   Written reports will be deemed to have been submitted on the date postmarked. For reports which 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.

(Ord. passed 5-17-94)

§ 15-168 RECORD KEEPING.

   Users subject to the reporting requirements of this division shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this division 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 city, or where the user has been specifically notified of a longer retention period by the POTW Director.

(Ord. passed 5-17-94; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.

SUBDIVISION F: COMPLIANCE MONITORING