Pursuant to 40 C.F.R.§ 403.12 and this chapter, the Director may authorize an industrial user 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:
(A) 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;
(B) 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 5 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 § 52.41(B)(1)(s);
(B) In making a demonstration that a pollutant is not present, the industrial user must provide data from at least 1 sampling of the facility's process wastewater prior to any treatment present at the facility that is representative of all wastewater from all processes;
(E) 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. § 136 with the lowest minimum detection level for that Pollutant was used in the analysis;
(F) Any grant of the monitoring waiver by the Director must be included as a condition in the SIU's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the Director for 3 years after expiration of the waiver;
(G) Upon approval of the monitoring waiver and revision of the user's permit by the Director, the industrial user must certify on each report with the statement in § 52.42(F), that there has been no increase in the pollutant in its wastestream due to activities of the industrial user;
(H) 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 comply with the monitoring requirements of § 52.42(D), or other more frequent monitoring requirements, and notify the Director; and
(I) This provision does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise specified in the categorical pretreatment standard.
(J) Certification of pollutants not present. Users that have an approved monitoring waiver based on this section must certify on each report with the following statement that there has been no increase in the pollutant in its waste stream due to activities of the user.
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under § 52.42(D)."
(Ord. 5746, passed 7-1-2019)